Jared Fogle Gimme a Break Judge My Victims Were 16 and 17

11/13/2015 7:34 AM PST

Jared Fogle: Gimme a Break Judge ... My Victims Were 16 and 17

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Jared Fogle is damning himself with faint praise, telling the judge he should get the minimum prison sentence because the minors he had sex with were 16 and 17 year olds.

Fogle's lawyer filed docs in his child porn case, in which prosecutors have now gone on record requesting the maximum sentence under the plea deal -- 12 1/2 years in prison.

Fogle is asking for 5 years, saying although it was "inexcusable" he had sex with minors, "these individuals were far older than many victims of this same crime."

The former Subway spokesman also says the bulk of the photos and videos in his possession were from 1 thumb drive that Russell Taylor gave him, and he notes he never requested it.

Fogle's lawyer does not go into detail about his medical diagnosis but he did meet with doctors and the doctor will testify Fogle "suffers from hypersexuality and alcohol abuse/dependence." The doctor also identified "weak evidence of erotic preference of a heterosexual pedophilia/hebephilia."