Lawyers for Sean 'Diddy' Combs filed an appeal on December 23, 2025, urging a New York federal court to release him immediately, overturn his conviction, or reduce his four-year sentence. The appeal argues that the trial judge improperly relied on charges for which Combs was acquitted. Combs was convicted in July 2025 of two prostitution-related offenses under the Mann Act.
Sean 'Diddy' Combs, the 56-year-old hip-hop mogul and founder of Bad Boy Records, has been incarcerated since his arrest in September 2024. In July 2025, a federal jury in New York acquitted him of racketeering conspiracy and sex trafficking charges but found him guilty on two lesser counts of transportation to engage in prostitution under the Mann Act, which prohibits crossing state lines for sexual crimes.
In October 2025, U.S. District Judge Arun Subramanian sentenced Combs to 50 months—four years and two months—in prison, followed by three years of supervised release. Combs is currently held at the Federal Correctional Institution in Fort Dix, New Jersey, with a projected release date of May 8, 2028. His defense team had requested no more than 14 months, contrasting the probation department's recommendation of 70 to 87 months.
The appeal, filed with the 2nd U.S. Circuit Court of Appeals in Manhattan, contends that Subramanian acted as a 'thirteenth juror' by allowing evidence from the acquitted charges to influence the sentence. Lawyers Alexandra A.E. Shapiro and others argue the judge defied the jury's verdict by finding that Combs 'coerced,' 'exploited,' and 'forced' his girlfriends into sexual acts, leading to what they call the highest sentence ever for similar offenses without coercion. They note that defendants typically receive less than 15 months for these crimes, even when coercion is involved.
The filing highlights testimony from former girlfriends Casandra 'Cassie' Ventura and 'Jane.' Ventura described being ordered into 'disgusting' sex with strangers hundreds of times over a decade, including a 2016 incident captured on video where Combs beat her in a Los Angeles hotel. 'Jane' testified about pressure during drug-fueled 'hotel nights' from 2021 to 2024.
Subramanian rejected the defense's portrayal of events as 'merely intimate, consensual experiences, or just a sex, drugs, and rock 'n' roll story,' stating, 'You abused the power and control that you had over the lives of women you professed to love dearly... especially when it came to freak-offs and hotel nights.'
Additionally, the appeal claims a First Amendment violation, arguing Combs' role as an observer and producer of the filmed encounters was protected speech. It quotes the judge's response: 'At some point, illegal activity can’t be laundered into constitutionally protected activity just by the desire to watch it.' A representative for Combs emphasized that the brief raises issues beyond this case, conflicting with 2024 Sentencing Guidelines and constitutional principles, seeking acquittal, immediate release, or resentencing limited to the convicted offenses.
