Executive Summary
- Sean Combs has filed an expedited appeal seeking immediate release from prison.
- Attorney Alexandra Shapiro argues the 50-month sentence is unconstitutional and unlawful.
- The defense claims the judge improperly considered conduct for which Combs was acquitted.
- Combs was previously convicted of transportation to engage in prostitution but cleared of racketeering.
Sean “Diddy” Combs has petitioned the Second Circuit Court of Appeals to overturn his conviction on federal prostitution charges and order his immediate release from prison, according to court filings submitted by his legal team. The request marks the latest legal maneuver by the music mogul following his sentencing earlier this year.
In the expedited appeal, attorney Alexandra Shapiro argued that Combs’ 50-month prison sentence is “unlawful, unconstitutional, and a perversion of justice.” The defense contends that the specific conduct resulting in the conviction was not criminal in nature. Shapiro requested that the appellate court order a resentencing should the panel decide not to dismiss the conviction entirely.
The appeal stems from a high-profile trial in the Southern District of New York, where a jury acquitted Combs of the most serious charges against him, including racketeering conspiracy and sex trafficking. However, jurors convicted him on two counts of transportation to engage in prostitution. While prosecutors had requested a prison term of at least 11 years, US District Judge Arun Subramanian sentenced Combs to over four years, stating that “a history of good works can’t wash away your record.”
According to the appellate brief, the defense alleges that Judge Subramanian “flouted” new sentencing guidelines and improperly acted as a “thirteenth juror” by factoring in conduct for which Combs had been acquitted when determining the punishment. The filing characterizes the sentence as “draconian” and asserts that procedural errors warrant judicial intervention. The Southern District of New York declined to comment on the request.
Appellate Procedure and Legal Implications
The filing of this expedited appeal highlights the complex legal debate surrounding the consideration of “acquitted conduct” during federal sentencing phases. While federal judges currently possess broad discretion to consider evidence presented at trial—even regarding charges for which a defendant was acquitted—defense attorneys frequently challenge this practice as a potential violation of due process rights. The Second Circuit’s ruling could reinforce existing precedents regarding judicial discretion or signal a shift in how guidelines are applied in split-verdict cases. Additionally, Combs faces numerous pending civil lawsuits alleging sexual misconduct; it is important to note that regarding these pending civil allegations, all individuals are presumed innocent until proven liable or guilty in a court of law.
