Sean “Diddy” Combs has launched a fresh legal bid that could dramatically alter the course of his incarceration, with attorneys filing an expedited notice of appeal seeking his immediate release from federal prison. The filing asks the Second U.S. Circuit Court of Appeals to either enter a judgment of acquittal or vacate his conviction and return the case to the trial court for resentencing.
The appeal challenges the sentence imposed by U.S. District Judge Arun Subramanian in October, when Combs was sentenced to 50 months in prison after being found guilty on two counts of transportation to engage in prostitution. The sentence also included a $500,000 fine and five years of supervised release. Combs, now 56, is currently incarcerated in a federal facility in New Jersey and, under the existing ruling, is not scheduled for release until May 2028.
Central to the appeal is the claim that Judge Subramanian improperly relied on conduct linked to charges for which Combs was acquitted. At trial, a jury cleared the Bad Boy Records founder of racketeering conspiracy and sex trafficking by force, fraud or coercion, offences that carried the possibility of life imprisonment. His convictions related instead to violations of the Mann Act, which prohibits transporting individuals across state lines for prostitution.
In the appellate filing, Combs’ lawyer Alexandra Shapiro accuses the judge of acting “as a thirteenth juror” at sentencing. She argues that Subramanian substituted the jury’s verdict with his own findings, concluding that Combs had coerced, exploited and forced girlfriends into sexual activity and led a broader criminal conspiracy. According to the defence, those conclusions directly contradicted the jury’s determinations and resulted in a sentence far harsher than those typically imposed for similar convictions.
The appeal contends that defendants convicted solely of comparable prostitution related offences are often sentenced to less than 15 months, even in cases involving aggravating circumstances. Shapiro argues that Combs received a sentence nearly three times longer than appropriate because the court enhanced the punishment using acquitted conduct, a practice the defence says violates constitutional protections.
Judge Subramanian, however, made clear at sentencing that he rejected the characterisation of the case as consensual adult behaviour. He cited testimony from two former girlfriends who described years of abuse, coercion and control. One of them, singer Casandra “Cassie” Ventura, testified that Combs ordered her to have sex with male sex workers on hundreds of occasions during their decade long relationship, encounters that he allegedly filmed. Jurors were also shown security footage depicting Combs dragging and beating Ventura in a Los Angeles hotel hallway.
A second former partner, who testified under the pseudonym “Jane,” told the court she felt pressured into similar encounters during what Combs allegedly referred to as “hotel nights,” drug fuelled sessions that could last days. In imposing sentence, Subramanian said Combs abused his wealth, influence and emotional control to dominate women he claimed to love, dismissing defence arguments that the conduct amounted to consensual excess.
Combs’ legal team argues that such findings should not have factored into sentencing after the jury rejected the most serious allegations. The appeal seeks Combs’ immediate release while the court considers whether to overturn the convictions outright or order a reduced sentence limited strictly to the conduct proven at trial.
The filing follows an unsuccessful attempt in September in which Combs asked the trial court to grant an acquittal or a new trial. That motion was denied, but the appeals court later agreed to fast track the case, acknowledging the argument that Combs has already served a significant portion of a sentence the defence maintains is unlawful.
Beyond the criminal case, Combs continues to face multiple civil lawsuits alleging sexual misconduct, and in November the Los Angeles County Sheriff’s Department confirmed it was investigating claims of sexual battery. Those matters are separate from the federal prosecution but continue to cast a long shadow over the career of a figure who once dominated hip hop and global pop culture.
As founder of Bad Boy Records, Combs was instrumental in launching the careers of artists including The Notorious B.I.G., Faith Evans and Mase, while also building a business empire that extended into fashion, spirits and television. His rise from Harlem entrepreneur to music industry powerbroker defined an era, making his legal downfall one of the most significant collapses of a major figure in modern music history.
The appeals court has yet to schedule oral arguments. The U.S. government’s response is due in February, with Combs’ reply to follow in March. Until then, the possibility remains that one of hip hop’s most influential figures could be released from custody far earlier than expected, or see his sentence substantially reduced.
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