Sean "Diddy" Combs has filed an expedited appeal with the 2nd U.S. Circuit Court seeking immediate release and urging acquittal or resentencing. His lawyers argue prosecutors failed to prove the case and that the district judge improperly relied on charges where Combs was acquitted to enhance his sentence. Combs was sentenced to 50 months, fined $500,000 and ordered five years of supervised release; his expected release date is May 25, 2028. The government’s brief is due Feb. 20 and Combs’ reply is due March 13.
Sean 'Diddy' Combs Asks 2nd Circuit For Immediate Release, Says Sentence Relied On Acquitted Conduct
Sean "Diddy" Combs in Washington, D.C., in 2023. (Shareif Ziyadat / Getty Images file)
Sean "Diddy" Combs has asked the 2nd U.S. Circuit Court of Appeals for expedited review, seeking immediate release and asking the court to either enter a judgment of acquittal, vacate his convictions, or remand the case for resentencing.
What The Appeal Argues
In an 84-page filing, appellate lawyer Alexandra Shapiro contends that prosecutors did not prove their case and that the women and third parties involved were consenting adults who voluntarily participated in so-called "freak-offs"—multi-day, drug-fueled sexual gatherings. Shapiro argues that U.S. District Judge Arun Subramanian illegally enhanced Combs' sentence by relying on allegations tied to charges for which a jury acquitted him, including racketeering conspiracy and sex trafficking by force, fraud, or coercion.
“The district judge acted as a thirteenth juror,” the filing says, accusing the court of basing the punishment on conduct the jury rejected.
Sentence, Convictions And Background
Combs was convicted this summer on two counts of interstate transportation to engage in prostitution after an eight-week federal trial in New York. He was acquitted on the more serious charges of racketeering conspiracy and sex trafficking by force, fraud or coercion. In October he was sentenced to 50 months in prison, fined $500,000 and ordered to serve five years of supervised release. The Federal Bureau of Prisons lists his expected release date as May 25, 2028.
Why The Appeal Was Expedited
Shapiro asked for and won an accelerated appeals schedule because Combs has already served nearly 16 months of his sentence, which she says exceeds typical terms for the offenses of which he was convicted. The filing asks that, if the appellate court does not itself overturn the convictions, the court should immediately release Combs and instruct the district court to resentence him only for the conduct proven at trial.
Next Steps
The government's brief in the appeal is due Feb. 20, and Combs' team is scheduled to file a reply by March 13. The 2nd Circuit is known to overturn district court rulings only rarely, making the appeal an uphill legal challenge.
A spokesman for the U.S. Attorney’s Office for the Southern District of New York did not immediately respond to a request for comment.
