United States v. Fogle, No. 15-3770 (7th Cir. 2016)
Annotate this CaseThe Indiana State Police received a tip that Fogle’s close friend and employee, Taylor, had sent text messages expressing a sexual interest in children. A warranted search of Taylor’s home and electronic devices revealed that, in 2011-2015, Taylor had produced child pornography using secret cameras in his residence. The investigation led law enforcement to Fogle. Taylor worked for Fogle’s charitable foundation and the two traveled together frequently. Authorities discovered multiple connections, then executed a warrant to search Fogle’s home and devices. Fogle had received images and videos from Taylor’s homemade collection and Taylor’s collection of commercial child pornography. Some of the victims were as young as six years old. Fogle had also engaged in commercial sex acts with two minors, ages 16 and 17. Text messages revealed that Fogle had repeatedly found adult escorts online and offered them finder’s fees to provide him with access to minors for commercial sex. Fogle pled guilty to distributing and receiving and conspiring to distribute and receive, child pornography, 18 U.S.C. 2252(a)(2), and traveling to engage in illicit sexual conduct with a minor, section 2423(b) and (e). The government agreed not to recommend a sentence greater than 151 months in prison. Fogle’s advisory guidelines range was 135 to 168 months. The court sentenced Fogle to 188 months. The Seventh Circuit affirmed, noting the lack of mitigating factors and Fogle’s celebrity status.
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