Judge Gives Fogle Another Avenue To Challenge Sentence
Olivia Covington for www.theindianaiawyer.com
A federal judge is giving former Subway spokesman Jared Fogle another chance to seek relief from his 15-year prison sentence after striking down the most recent of his objections to his sentence on Wednesday.
After Southern District Court Judge Tanya Walton Pratt rejected Fogle’s challenge to his sentence on the grounds that he is a sovereign citizen not under the jurisdiction of the court, the disgraced spokesman – who was convicted in 2015 on child pornography charges – filed a Rule 52(b) objection to Pratt’s November decision. In his objection, Fogle continued to deny the court’s jurisdiction over him and requested that a final judgment be entered on his motion to correct clear error so that he could appeal.
Pratt denied that request on Wednesday, holding that under Federal Rule of Appellate Procedure 4(b), Fogle could file an appeal within 14 days of the entry of the order being appealed. However, the judge also gave Fogle until Jan. 12 to notify the court as to whether he would like his motion to be treated as one pursuant to 28 U.S.C. section 2255. Under that section, a court can grant relief from a federal conviction or sentence “upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum by law, or is otherwise subject to collateral attack.â€
If Fogle chooses to proceed under section 2255, Pratt required him to supplement his motion with a complete statement of the claims and grounds on which he challenges his conviction and/or sentence on. Or, he could notify the court that his original filing constitutes all of the claims he could or does assert in his challenge.
If Fogle fails to inform the court of his intent to proceed under section 2255 by Jan. 12, then his motion will be withdrawn as it relates to possible relief under that section.
The case is United States of America v. Jared S. Fogle, 1:15-cr-00159.
HOT JOBS IN EVANSVILLE
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Public Law Monitor
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State Revenue Collections Come In Below Forecast
Staff Report
TheStatehouseFile.com
Indiana’s year-to-date revenue collections of nearly $5.8 billion have come in nearly $150 million below what was forecast by the State Budget Agency last spring.
The agency on Monday issued its revenue report for November, which found that although actual collections for the current fiscal year are below forecast, they are above the collections for the same time period a year ago.
In November, general fund revenues totaled a little more than $1 billion, lower than the forecast by 1.3 percent but above November 2016 collections by 1.7 percent.
Other November numbers:
- Sales tax collections were $617.5 million, more than1 percent higher than forecast and 3 percent above a year ago;
- Individual income tax collections totaled $363.9 million, above the estimate and 3.2 percent above the amount collected a year ago;
- Corporate tax collections were $33.8 million, well below the forecast and the amount collected in November 2016.
The budget agency reported that corporate tax collections are down because refunds, which total $76.6 million fiscal year-to-date, are up 100 percent.
FOOTNOTE: TheStatehouseFile.com is a website powered by Franklin College journalism students.
$40,000 in Grants Handed Out to Community Organizations
$40,000 in Grants Handed Out to Community Organizations
Five organizations in Evansville are in line for part of $40,000 in grants thanks to the Vanderburgh Community Foundation’s Community Good Grants program.
Dream Center Evansville, EFD, Carver Community Organization, Parenting Time Center, and The Arc of Evansville will each receive part of that grant money.
The Community Good Grants program supports arts and culture, community development, education, health, human services, and other civic endeavors, like the environment, recreation, and youth development.
This is the first of quarterly grants to be awarded from the program throughout this year.
Recipients of those awards include:
Dream Center Evansville – $7,500 – to expand the half-day summer camp program (Summer Zoom) to a full-day program starting in 2018
Evansville Fire Department – $10,000 – to purchase of a new rescue watercraft and equipment
Carver Community Organization – $7,500 – for the Pathfinders Project that teaches children the importance of STEAM (science, technology, engineering, art, and math) in a hands-on environment taught by instructors from UE, USI, and Ivy Tech
Parenting Time Center – $7,500 – for the “Helping Moms to Involve Dad†program that utilizes evidence-based curriculum designed to impact moms’ understanding of the positive impact of fathers’ involvement with their children
The Arc of Evansville – $7,500 – to support the “My Amazing Body†initiative to create a holistic wellness program to improve the physical, social-emotional, and overall health and wellness of the children served by the Child Life Center
To learn more go to Vanderburgh Community Foundation.
Here We Go Again: WaPo Falsely Distorts GOP Tax Plan With Stale ‘Giveaway to the Rich’ Claim
TOWNHALL
written by GUY BENSON
Have you heard that the Republican tax reform proposal is a sweetheart deal for “the rich,” and doesn’t help middle class Americans?  Yes, you have.  Liberals keep repeating it, and we keep debunking it — over and over again.  These claims largely stem from some combination of (a) ignorance of the facts, (b) a misleading focus on raw dollars versus percentages (of course wealthy taxpayers will receive more relief in terms of sheer dollars, as they shoulder — by far — the highest proportional and actual tax burden of any income cohort, and (c) cherry-picked data points from a distant, hypothetical and unlikely future in which Congress chooses to allow a giant tax hike on the middle class.  In reality, the overwhelming majority of all middle class households will receive a tax cut under the GOP plan, and the rich don’t receive a disproportional benefit.  Indeed, at the request of President Trump, House Republicans wrote their bill to exclude an income rate cut for the “millionaires and billionaires” Democrats so love to invoke.  But that didn’t stop the Washington Post from once again claiming in a front page story that the Republican-crafted legislation had veered away from middle income earners in favor of the rich.  The CATO Institute’s Chris Edwards swooped in with a detailed fact check, starting with a description of WaPo’s false premise:
News stories are portraying the Republican tax bills as favoring the rich, even though the opposite is true. The GOP cuts would make the tax code more progressive, and the largest percentage cuts would go to middle-income households. The Washington Post pushed another faulty narrative yesterday. The three layers of headlines on the hardcopy front page were, “Trump’s tax vow taking a U-turn—focus shifted away from middle class—GOP plan evolved into a windfall for the wealthy.†The story’s theme was that Trump originally promised middle-class tax cuts, but House and Senate tax bills have morphed into an orgy of tax cuts for corporations and rich people. Ridiculous.
Why “ridiculous”? Well, because the facts say so:
Rather than a “windfall for the wealthy†as the Post claims, the GOP bills would provide larger percentage cuts for middle earners than higher earners (see here and here). The GOP may abandon cutting the top individual tax rate at all. Much of the cuts for high earners are allocated corporate tax cuts, but economists disagree about who those cuts would actually benefit. Furthermore, the GOP tax bills would increase spending subsidies (refundable credits) for people at the bottom who do not pay any individual income taxes. Look at this TPC analysis of the Senate bill. It shows the bottom two quintiles receiving tax “cuts†in 2019 and 2025, yet those groups do not currently pay any income taxes on net…The following chart shows the TPC data in context. First, note the enormous share of federal taxes paid by the top quintile under current law. The chart includes all federal taxes—income, payroll, estate, and excise for 2019. Now observe that the top quintile would receive a smaller share of the Senate tax cut than their tax share under current law. For the three middle quintiles, it is the opposite. That means that the Senate tax cut would make the federal tax code more progressive. If the Senate tax cut is enacted, higher earners would pay a larger share of the overall federal tax burden.
Edwards’ analysis laments the fact that the GOP plan is too progressive and therefore insufficiently pro-growth, but despite those frustrations, he cannot abide supposedly objective journalists furnishing readers with the opposite of the truth. Â Here is the chart he mentions:

Notice that the top 20 percent pay close to 70 percent of all federal taxes (blue bars), but would receive just over 60 percent of the tax cut (red bars) under the Senate bill. Â For the bottom quintile — who barely pay any federal taxes to begin with — their share of the cuts would be (slightly) disproportionately small (which is not the same as a tax increase, mind you). Â As for the middle income earners in quintiles two, three and four? Â They all get disproportionately large tax cuts, on average, compared to their share of federal taxes paid. Â As Edwards writes, this is precisely the opposite of what the Washington Post told its readers. Â The data above, incidentally, comes from the left-leaning Tax Policy Center; other nonpartisan groups have offered even rosier projections about the GOP’s plans, across an array of metrics. Â When a Twitter skirmish broke out over WaPo’s conclusions yesterday, the Manhattan Institute’s Brian Riedl (whose work I cited in this post) further underscored Edwards’ correct argument:
Might the Post’s in-house fact-checker care to assign some Pinocchios to their own paper’s misleading headline and reporting? Â As for the Bernie-championed line that by 2027 the Senate bill would hand 62 percent of that year’s tax cuts to the top one percent of wage earners, I’m sure you’ll be shocked to learn that’s also a garbage stat. Â Here’s why. Â For those interested, the first session of the House/Senate conference committee — whose task of merging the two chambers’ bills into one piece of legislation is challenging but feasible — kicks off tomorrow afternoon, and will air liveon C-SPAN.
EDITORS FOOTNOTE: This article was posted by the CCO without opinion, bias or editing.