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Combs’ lawyers say the trial judge imposed the longest sentence ever recorded for prostitution cases by relying on coercion allegations the jury unanimously rejected
Attorneys for Sean “Diddy” Combs asked a federal appeals court to overturn his prostitution-related convictions or order his immediate release, arguing that Judge Arun Subramanian unlawfully punished him for crimes a jury explicitly rejected, according to a newly filed appellate brief spearheaded by powerhouse attorney Alexandra Shapiro.
Credit: US COURT OF APPEALS FOR THE SECOND CIRCUITCombs is serving a 50-month federal prison sentence following a mixed verdict in July 2025 in Manhattan. Jurors acquitted him of racketeering conspiracy and sex-trafficking charges but convicted him on two lesser counts under the Mann Act for transporting “consenting adults across state lines” for prostitution.
In the 84-page brief filed with the US Court of Appeals for the Second Circuit, Combs’ lawyers argue the district court essentially ignored both the jury’s verdict and a 2024 amendment to federal sentencing guidelines by relying heavily on “acquitted conduct” (allegations of coercion and criminal enterprise that jurors unanimously rejected) to increase his sentence.
“Not guilty means not guilty,” the brief states, citing guidance from the US Sentencing Commission that bans judges from using acquitted conduct to enhance punishment. Defense attorneys had argued Judge Subramanian acted as a “thirteenth juror,” imposing the longest sentence ever recorded for comparable Mann Act convictions despite the absence of force, fraud or coercion findings by the jury. According to the filing, Combs would ordinarily have faced a sentence of roughly one year for the prostitution counts.
Judge: The Deputy will inquire as to the verdict.
Deputy: In the matter of US v Combs, Count 1?
Juror 5: Not guilty.
Deputy: Sex trafficking of Casandra Ventura?
Juror 5: Not Guilty
Deputy: Transportation for prostitution?
Juror 5: Guilty— Inner City Press (@innercitypress) July 2, 2025
The appeal also asks for a reversal of the convictions, arguing the conduct at issue involved consensual, adult sexual encounters that were staged, filmed and later viewed; activity they say is protected by the First Amendment as “amateur pornography.”
During the 7-week-long trial, prosecutors alleged Combs used his wealth, influence and inner circle to coerce longtime girlfriends Casandra Ventura and a second woman identified as “Jane” into sexual encounters with male escorts. Jurors heard testimony, viewed text messages and videos, which prompted their rejection of claims of coercion, fraud and racketeering.
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🚨SEAN “DIDDY” COMBS Officially Files His 84-Page Appeal:
➡️Sean Combs’s appeal argues that although a jury rejected the government’s claims that he ran a sex-trafficking enterprise or coerced women, the judge ignored that verdict and punished him as if he were guilty anyway.… pic.twitter.com/0H087CmXp2
— Lauren Conlin (@conlin_lauren) December 24, 2025
The appeal has been expedited because Combs has already served more than a year in custody, which is longer than the average sentence for similar offenses. His attorneys argue that if the convictions are not overturned, the appeals court should at a minimum order his immediate release and remand the case for resentencing limited strictly to the conduct the jury found proven. Federal prosecutors have not yet responded publicly to the appeal. The Second Circuit has not announced when it will hear oral arguments. Check back with Los Angeles Magazine for new developments.
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Lauren Conlin
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