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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
Is it safe to get together for the holidays? As Thanksgiving approaches, many people are having those discussions, and many are desperate to not only see family, but to travel.Zane Kerby, President and CEO of the American Society of Travel Advisors said, “People are itching to get out there.”The nonprofit organization represents 15,000 travel advisers across the U.S. They often poll consumers and recently learned that people are craving a change of scenery.“People have said, 'You know what? I want to go five, six, seven hours away,'” Kerby said. “They want to do that aspirational trip that they’ve been thinking about before the pandemic and now they really want to do it.”And they're talking about Thanksgiving and wondering whether they should drive or fly.“We asked people point blank what are you going to do for Thanksgiving?” Kerby said. “We’re encouraged, only 15% who normally travel said they weren’t sure they were going to fly this year. Kerby said that there is pent up demand for travel, and there is optimism in the industry.But, if you're talking about getting together, doctors stress that you do so safely.“All of these decisions are weighing risks and benefits and I wish I had a crystal ball,” said Dr. Beth Thielen, an assistant professor of pediatrics at The University of Minnesota Medical School. Dr. Thielen also is an infectious disease doctor. “I wish I could tell you what’s going to happen but I can’t, but I can tell you riskier things and safer things and appreciate that even the most precautions don’t eliminate your risk either.”“I think identifying if you or someone you’re hoping to gather with has those underlying conditions, that you maybe need to be extra cautious about preventing exposures,” she added.Of course, everyone wants to get together and realizes the importance of family.Dr. Thielen advises to limit the number of people, assess your own risk and that of those whom you're considering visiting. She recommends thinking about limiting your exposure to other people in the weeks before you travel.“All of these infections have an incubation period,” Thielen said. “You’re exposed to somebody with the infection taking root but not manifesting itself or detectable by testing for COVID. It’s a few days a week or so before that exposure happens.”We're learning a lot about COVID-19. We know outside is better. Masks are important. And we now know it affects people differently.Kerby said if you're considering flying, know that the industry is taking extreme precautions for travelers.“Between the HEPA filters they use on planes, electrostatic and defogging they're doing after every flight, the air on an airplane is probably better than the air in your home,” Kerby said.While there is a lot of discussion to be had about the holidays and travel, if you can do it safely, everyone wins. 2853
In his opening monologue, Academy Awards host Jimmy Kimmel encouraged award recipients to discuss social issues, thank family members and give words of encouragement during acceptance speeches, but Kimmel announced there is an incentive to keep speeches short:A Brand New Jet Ski! Retail value: ,999.To the tune of the Price is Right theme, Kimmel showed off the brand new jet ski on the Oscars' stage. When Sam Rockwell took the stage to win Best Actor in a Supporting Role, he said he would keep his speech short in an effort to win the jet ski.“Why waste precious time thanking your mom when you could take her” on a jet ski ride, Kimmel said.During his monologue, Kimmel was not afraid to get political, and acknowledged some of Hollywood's recent shortcomings. Kimmel discussed the Me Too movement, and the importance of the academy of expelling Harvey Weinstein following sexual misconduct revelations were reported. “The world is watching us. We need to set an example,” he said. “The truth is if we are successful, women will only have to deal with harassment all the time every other place they go.”Kimmel also pointed out Hollywood's liberal slant."We don't make films like 'Call Me By Your Name' for money. We make them to upset Mike Pence," he said. While Kimmel only delivered a few overly political jokes, he opted to make a flub fom last year's Academy Awards when the wrong film was announced as Best Picture a central theme of his monologue on Sunday. “What happened last year was unfortunate,” Kimmel said, “I said, ‘No, I don’t want to do comedy with the accountants.’ And then the accountants went and did comedy on their own.” 1693
INDIANAPOLIS -- A man's quick reaction spared him from serious injury or even death after a chunk of concrete was thrown from an overpass on I-465 and shattered his windshield.Alan Cox was driving his Honda SUV on I-465 northbound Wednesday afternoon. He said he saw three men on the overpass as he approached the Pendleton Pike exit. Cox said he could tell they were up to no good, especially when he noticed one throwing something into moving traffic and in his direction."I knew he was going to throw something so I veered to the left a little. He nailed me. If I veered over to the left -- dead center to the chest," Cox said.A chunk of concrete hit Cox's windshield on passenger side and left the interior of his SUV covered in glass"People get killed. I'm fortunate to be here. This can be fixed," Cox said.If something like this should happen to you, police ask that you safely pull over to the side of the road, immediately call them and provide the mile marker. If you have a description of the suspect(s), provide that as well. 1102
INDIANAPOLIS -- For the more than 100 supporters who crowded a second-floor meeting room – and overflowed into a ninth-floor ballroom – the United Methodist Church’s hearing in Indianapolis Friday about Rev. David Meredith was a referendum on their own place in the church.Meredith, an openly gay man who has served as the pastor of Clifton United Methodist Church in Cincinnati since 2012, was called to Indianapolis for a hearing before the UMC’s North Central Jurisdictional Committee on Appeals.At issue is whether his 2016 marriage to his partner of three decades, Jim Schlachter, disqualifies him from remaining as an ordained minister within the UMC.READ MORE | Gay United Methodist Church pastor to stand 'trial' in IndianapolisThe challenge was raised by a group of 11 UMC denomination members, including at least two fellow clergymen, shortly after Meredith and Shlachter’s wedding. In letters sent to the UMC’s West Ohio Conference, the objectors cited the denomination’s Book of Discipline, which states that homosexuality is “incompatible” with Christian teaching:“While persons set apart by the Church for ordained ministry are subject to all the frailties of the human condition and the pressures of society, they are required to maintain the highest standards of holy living in the world. The practice of homosexuality is incompatible with Christian teaching. Therefore self-avowed practicing homosexuals are not to be certified as candidates, ordained as ministers, or appointed to serve in The United Methodist Church.” 1550