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INDIANAPOLIS -- Former Subway pitchman and convicted child predator Jared Fogle is continuing his quest to be released from prison early – most recently by asking a federal judge allow him to withdraw his guilty plea.Fogle pleaded guilty in 2015 to federal charges of conspiracy to distribute/receive child pornography and of traveling to engage in illicit sexual conduct with a minor. He also agreed, as part of his plea, to pay 0,000 each to fourteen unnamed juvenile victims as restitution.Judge Tanya Walton-Pratt sentenced Fogle to serve more than 15 years in prison on the charges. Fogle has been serving that sentence at the federal penitentiary in Englewood, Colorado.Since his sentencing, however, Fogle has filed dozens of motions seeking to have his sentence either reduced or thrown out altogether.Last month, Fogle, who is now representing himself in the case, argued that Pratt “has bias” against him because she was the mother of two teenage daughters at the time of his sentencing. That claim was easily disproven, though: Pratt has only one daughter, and said daughter was 24 at the time Fogle pleaded guilty.Fogle’s most consistent claim – which he has repeated in multiple filings and is now pursuing in two separate cases (Fogle v. Walton-Pratt et al and Fogle v. USA) – is that he was wrongfully allowed to plead guilty to a conspiracy charge in the case. Fogle contends that no such charge exists under federal law.Fogle’s claim appears to stem from a reading of the statute under which he was sentenced – 18 U.S. Code § 2252(a)(2) – that overlooks or ignores a latter passage that states, “Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years…”Fogle, as noted in the plea agreement he signed, is accused of conspiring to violate paragraph (2) of subsection (a).In a filing to the court on March 5, Fogle excerpts section (a) of the statute, while omitting section (b) entirely.In another filing under his “conspiracy” argument, Fogle included portions of letters between former FBI Director J. Edgar Hoover and former Republican U.S. Rep. Karl M. Le Compte dated 1946 – along with a portion of the Communist Control Act of 1954.Fogle also included portions of a transcript from the 2016 United States v. Frank Edwin Pate case in which he appears to have underlined sections containing language about “aiding and abetting.” Pate – who is incarcerated at the same prison as Fogle on a 2015 conviction for wire and mail fraud – was ultimately unsuccessful in that case.Although Fogle asks the court to “take judicial notice” of the facts presented in his filing, he does not make clear what, if anything, he believes the information presented within has to do with his case – nor is it immediately apparent.A previous attempt by Fogle to appeal his sentence in the 7th Circuit Court of Appeals in Chicago was rejected by the court, which dismissed Fogle’s arguments in June 2016 as “unpersuasive.”In addition to Judge Pratt, Fogle’s request on Monday for immediate release and a hearing on the constitutionality of the charges he pleaded guilty to was also addressed to the warden of the Englewood Federal Correctional Institute and to President Donald Trump. It was not made clear in the filing what, if anything, he hoped President Trump could do for him. 3436

Investors were in a rotten mood Tuesday.Seemingly good results from Dow components Caterpillar, Coca-Cola and United Technologies didn't please Wall Street. The Dow closed down 425 points, or 1.7%, after opening with a 130-point gain. At its worst point of the day, the Dow was down more than 600 points.The Dow has fallen for the past five straight days — its longest losing streak in more than a year — and has given up its gains for the year.Why the nearly 650-point swing in the Dow in a matter of hours? Once investors took a closer look at the results, they focused on the negatives.Caterpillar, for example, warned that profit margins would probably not get any higher this year than they are now.And Coke investors were disappointed that lower prices may have helped drive sales -- even though Diet Coke finally returned to growth. Shares of Caterpillar plunged 6% while Coke's stock lost 2%.Verizon was one of the few companies that posted strong results Tuesday that didn't seem to have any caveats -- and it was rewarded for it. Shares of Verizon rose 2%.But other earnings reports were downright gloomy. 3M, another Dow component, lowered its outlook for the year. That sent its stock plunging 7%. Insurance company Travelers, also in the Dow, fell 3% after its earnings missed forecasts.All this negativity dragged down other old-school, classic industrial Dow companies too. Boeing and DowDuPont both fell about 3%.And tech investors were disappointed by increased expenses at Google parent Alphabet.Related: Why everyone is stressing about the 10-year Treasury Even though Alphabet posted solid gains in earnings and revenue that easily topped Wall Street's estimates, the stock fell 5% — and that helped drag down the S&P 500, Nasdaq and tech titans Apple, Amazon, Microsoft and Facebook.It didn't help that the yield on the 10-year US Treasury note rose above 3% for the first time in more than four years Tuesday morning.If this benchmark bond rate keeps climbing, it may make it more expensive to borrow money for mortgages and auto loans and could eat into profits at big US companies — especially since the Federal Reserve is expected to keep raising short-term rates.Still, one expert said investors may be overreacting to the moves in the bond market."I don't know that there is any magic to the 3.0% level other than it is a nice round number," said Jeff Mills, co-chief investment strategist for PNC Financial Services Group. "There is no rule that says rising rates are bad for the stock market."Mills added that since 1928, stocks have actually done a little bit better when rates have gone up. The market has gained about 11% on average during years that rates have gone up and 9% in years of falling rates.But jittery investors don't seem to care about historical market facts right now. They are selling first and asking questions later.The-CNN-Wire 2887

It was a meeting of the mutual admiration society.The man who stopped a mass shooting at a Waffle House met Saturday with Parkland, Florida, students who want to prevent mass shootings everywhere.James Shaw Jr., hailed as a hero for wrestling a gun from a shooter at a Nashville-area Waffle House last month, tweeted photos of his meeting Saturday with survivors of February's mass shooting at Marjory Stoneman Douglas High School."Meeting the young adults of the Parkland incident so much fire and inspiration in their eyes was a great joy," Shaw tweeted after the breakfast meeting in Florida. "I met one of my heros today." 634

In her pursuit of higher education, Ewaoluwa Ogundana is facing new challenges.“Knowing the number of barriers that I faced, and my parents have faced in the past almost 17 years now, simply just being able to live in this country means a lot to me and my family to obtain a degree,” she said.Born in Nigeria, Ogundana’s family moved to the United States when she was 4 years old. Now a senior political science student at Trinity Washington University, Ogundana is considered a DREAMer, someone that was brought to America unlawfully as a child but is allowed to work and study here without fear of being deported. Those fears, however, are becoming more of a reality.Although the U.S. Supreme Court reinstated the DACA program earlier this year, there’s still uncertainty about permanent protections and pathways to citizenship for undocumented immigrants.U.S. Citizenship and Immigration Services continues to reject all initial DACA applications and is limiting renewals to one-year. Now, there’s added stress brought on by the pandemic.“DREAMers have been more significantly impacted by the coronavirus in large part because of either their own status or that of their parents,” said Candy Marshall, president of TheDream.us, the nation’s largest college access and success program for undocumented students.“As a result of this pandemic they have increasing anxiety about their responsibilities,” she said.Marshall’s team recently released a study that shows the employment rate among DREAMers dropped nearly 30% since the start of the pandemic. She added that 70% of those students reported feeling much more anxious about their legal status since the start of the COVID-19 crisis.“These are young people in their 20s, and they carry this incredible sense of responsibility to succeed,” Marshall. “Their families gave up everything to get them into this country.”While in the U.S., Ogundana plans to overcome these fears through higher education and applying to graduate school to learn about public policy.“As a dreamer, it’s extremely important because it’s pretty much the connector between where I am now and entering my full career,” she said. 2163

In the last week, Pfizer has shipped more than 2.9 million doses of the coronavirus vaccine to locales throughout the US in an effort to get health care workers vaccinated amid a surge of cases nationwide.With Pfizer declaring the initial round of distribution a success, the company says it is awaiting instructions on where to ship its next batch of vaccines.“We have millions more doses sitting in our warehouse but, as of now, we have not received any shipment instructions for additional doses,” Pfizer said in a statement.Pfizer’s vaccine comes in two doses, which means those who have been vaccinated this week will be asked to return in three weeks to receive a booster. Distributing the vaccine is made more arduous due to the extremely cold temperatures required to store the vaccines.Pfizer has been working with UPS and FedEx on distributing vaccines from its warehouses. Pfizer has said that it plans on distributing up to 50 million vaccines doses globally by the end of the year.“Over the last several months, we have activated Pfizer’s extensive manufacturing network, including thousands of highly skilled workers in multiple locations. As a result, Pfizer is manufacturing and readying for release millions of doses each day, and that volume will grow over the coming weeks,” Pfizer said.As health care workers get vaccinated, the shots are slated to make their way to those living and working in assisted living facilities. Major pharmacy chains, such as CVS and Walgreens, are slated to help administer the vaccines to those in assisted living facilities.“With approximately 70 percent of the U.S. population living within three miles of a CVS Pharmacy, we’ll be easy to reach when a vaccine is authorized by the FDA and becomes available in retail settings,” Dr. Troyen Brennan, Chief Medical Officer, CVS Health, said last month. "Our pharmacists, nurse practitioners and pharmacy technicians have been an invaluable community resource since the pandemic began and are ready to play a critical role in the vaccination effort.”Joining the Pfizer vaccine is a similar shot by Moderna, which is in the process of receiving an emergency use authorization from the FDA. The FDA is expected to authorize the vaccine this weekend. 2253