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Input: CLOSE Jared Fogle  the former Subway spokesman convicted on child pornography charges   was unable to persuade a federal appeals court to reduce  his  sentence. (Dwight Adams/IndyStar)  Wochit
Jared Fogle  enters the Birch Bayh Federal Building and United States Courthouse for sentencing  Thursday  November 19  2015. (Photo: Kelly_Wilkinson/The_Star)
INDIANAPOLIS â  Former Subway pitchman Jared Fogle  continues to fight  his  nearly 16-year prison sentence  this time claiming that  his  judge treated  him  unfairly because she has two teenage daughters.
 Fogle   40  who is being held in a federal correctional facility in Colorado  had a motion filed Tuesday in the U.S. District Court for the Southern District of Indiana requesting that Judge Tanya Walton Pratt recuse herself from the case because of bias.
In November 2015  Pratt sentenced  Fogle  to 15 years and eight months in federal prison on charges of possession or distribution of child pornography and traveling across state lines to have commercial sex with a minor. The punishment exceeded what prosecutors and  Fogle 's attorneys had recommended under a plea agreement.
The sentence was upheld by a federal appeals court after  Fogle  unsuccessfully appealed the following year.  He  is now representing  himself  in court.
More: Judge boots ex-Subway spokesman  Jared Fogle's  child sex case appeal
More: Subway seeks dismissal of lawsuit alleging it hid  Jared Fogle 's misconduct
In the Tuesday court filing   Fogle  argues that Pratt demonstrated "objective bias  and subjective bias."  His  claim stems from the fact that Pratt has two teenage daughters and  Fogle 's case involves a teenage prostitute and teenage girls being illegally photographed.
 He  also contends that Pratt allowed prosecutors to erroneously charge  him  with conspiracy  a claim  he  made back in  his  2016 appeal.
"It is the opinion of a 'reasonable party' that Judge Tanya Walton Pratt has demonstrated she is prejudicially biased to the Defendant Jared S. Fogle  and should in facts and law  recuse herself from these proceedings "  Fogle  writes in the new filing.
During an appeal hearing in May 2016   Fogle 's former attorney  Ron Elberger  argued that fantasizing about a crime is not a crime. But Assistant U.S. Attorney Steve DeBrota said  Fogle  acted on  his  fantasies  citing several occasions in which  he  asked adult prostitutes to provide  him  access to minors.
More:  Jared Fogle 's sentence upheld by federal appeals court
More:  Fogle 's ex-wife alleges Subway knew of his 'depravities'
The appellate judges said they cannot accept  Fogle 's claim that  he  was improperly sentenced based on "things  he  didn't do or fantasies  he  may have had."
"The district court also appropriately considered the perverse nature and circumstances of the offenses ... alongside ample evidence that  Fogle  repeatedly sought out and traveled to have sex with minors " Judge Joel Flaum wrote.

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