Sean “Diddy” Combs has filed a new appeal with the federal Court of Appeals in Manhattan asking for his immediate release from prison or a reduced sentence. The music mogul’s lawyers are arguing that the lower court erred at sentencing and that his 50-month term is unjustly long, according to court filings and legal analysts.
Combs, 56, is serving his sentence at a federal facility in New Jersey after a jury convicted him in July of two counts of transporting individuals for prostitution under the Mann Act. He was acquitted of racketeering and sex-trafficking charges.
In a legal brief filed Tuesday with the 2nd U.S. Circuit Court of Appeals, Combs’ attorneys said the sentencing judge improperly considered evidence tied to charges on which a jury had not convicted. They argued that sentence should reflect only the conduct jurors upheld.
“The judge defied the jury’s verdict,” the filing says, and “found Combs ‘coerced,’ ‘exploited’ and ‘forced’ his girlfriends to have sex.” The lawyers added that such judicial findings “trumped the verdict and led to the highest sentence ever imposed for any remotely similar defendant.”
Combs’ lead appellate attorney, Alexandra Shapiro, described the sentence as disproportionate in a separate statement. “This appeal challenges the unfair use of the Mann Act to prosecute him for consensual adult conduct,” she said. “Our hope is for a just outcome based solely on the counts of conviction.”
The appellate filing asks the court to either overturn the conviction on the prostitution counts, order an immediate release, or send Combs back to the trial judge for a reduced sentence.
Defense and Prosecution Positions
Defense lawyers stress that typical sentences for similar Mann Act convictions are far shorter. “Defendants typically get sentenced to less than 15 months for these offenses — even when coercion, which the jury didn’t find here, is involved,” their brief states.
Federal prosecutors have not yet filed their opposition. Under federal rules, prosecutors typically have several months to respond, and oral arguments in such appeals can take place well into the coming year.
At Combs’ sentencing in October, U.S. District Judge Arun Subramanian rejected the defense’s request for leniency, citing testimony about abusive conduct and coercion even though those findings were not part of the jury’s verdict.
“It is impossible for the defendant to demonstrate by clear and convincing evidence that he poses no danger,” the judge said at that time. Prosecutors also opposed bail, calling the offenses “serious, serious conduct.”
If the appeal is denied, Combs remains scheduled for release in mid-2028, after serving most of his 50-month sentence.
Combs’ legal challenges extend beyond this appeal. More than 70 civil lawsuits involving former associates and accusers remain pending.
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