AllHipHop shared an exclusive report on December 23 that Sean “Diddy” Combs has asked the Second Circuit to grant emergency relief that would free him from federal custody before Christmas, arguing that his 50-month prison sentence unlawfully disregards the jury’s verdict and constitutional limits on sentencing.
In a motion filed Dec. 23, Combs contends that his sentence represents “a perversion of justice” and must be vacated or reduced immediately. The hip-hop executive is currently incarcerated at the Federal Correctional Institution in Fort Dix, New Jersey, following his July 2025 conviction on two counts under the Mann Act for transporting adults across state lines for prostitution.
The jury, however, acquitted Combs of far more serious charges, including racketeering conspiracy and sex trafficking. Prosecutors had alleged that Combs ran a criminal enterprise involving drugs, violence and orchestrated sexual encounters described at trial as “freak-offs.” Jurors rejected those allegations in full.
Despite the acquittals, U.S. District Judge Arun Subramanian sentenced Combs to more than four years in prison. At sentencing, the judge characterized Combs as a “coercive” and “manipulative” abuser. The appeal argues that those findings rested on conduct the jury expressly rejected.
Diddy Demands To Be Released From Prison Before The Holidays
According to the filing, the district court “acted as a thirteenth juror” by relying on disputed testimony and acquitted conduct to impose what Combs describes as the harshest Mann Act sentence in modern practice. “Not guilty means not guilty,” the motion states, quoting U.S. Sentencing Commission Chair Carlton Reeves in support of recent guidelines prohibiting courts from using acquitted conduct to enhance sentences.
Combs’ attorneys also argue that he has already served nearly 16 months, exceeding the national average sentence for comparable Mann Act cases. They maintain that continued incarceration causes irreparable harm and that Combs either should be released immediately or resentenced under standard guideline ranges.
The case stems from a 2024 federal investigation that included high-profile raids on Combs’ residences in Los Angeles and Miami. Prosecutors alleged that employees helped recruit and pay male escorts for Combs’ romantic partners, branding the alleged scheme the “Combs Enterprise.”
Defense counsel countered at trial that the sexual encounters were consensual and part of a “voyeuristic swingers’ lifestyle” involving adult performers. The jury agreed, acquitting Combs of every charge requiring proof of force, fraud or coercion.
Federal prosecutors oppose the emergency motion, arguing that the sentence properly reflects the seriousness of Combs’ conduct and accusing the defense of seeking publicity-driven relief. Unless the appeals court intervenes, Combs will remain at Fort Dix while his expedited appeal proceeds.
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