Prosecutors are urging the Second Circuit to uphold Combs’ Mann Act convictions and 50-month sentence, arguing the trial judge properly applied federal sentencing guidelines
A federal appeals court has scheduled oral arguments in Sean “Diddy” Combs’ ongoing legal battle stemming from his Manhattan federal criminal case. Combs and his legal team are attempting to to overturn (or ‘modify’) his Mann Act convictions. According to a notice filed February 19, the U.S. Court of Appeals for the Second Circuit will hear arguments April 9, 2026, at 10 AM at 40 Foley Sq. in lower Manhattan. Each side will have 10 minutes to present arguments before a panel of appellate judges.
The appeal relates to Combs’ underlying federal case in the Southern District of New York, overseen by U.S. District Judge Arun Subramanian, where he was convicted in July 2025 on two counts of transporting individuals across state lines for prostitution under the Mann Act, was acquitted of more serious charges including racketeering conspiracy and sex trafficking.
🚨DIDDY DOCKET: The U.S. Court of Appeals has scheduled oral arguments in United States v. Combs, the federal criminal case involving Sean “Diddy” Combs. According to the filing from yesterday, February 19, 2026, attorneys for both sides will appear April 9, 2026, at 10 AM at the… pic.twitter.com/iAwKemgQSf
In October 2025, Subramanian sentenced Combs to 50 months in federal prison and five years of supervised release, along with a $500,000 fine, following an emotional sentencing hearing attended by family members and victims. Combs’ legal team has argued the Mann Act convictions were improperly applied and previously filed motions challenging the verdict and seeking relief, calling the law outdated and inappropriate in his case (citing that Combs didn’t engage in acts with the escorts). The defense also previously stated that Judge Subramanian acted as a “13th juror” in imposing an abnormally long sentence for a Mann Act conviction.
In its appellate brief, federal prosecutors urged the Second Circuit to uphold Sean Combs’ convictions and sentence, arguing the trial court “properly applied the Acquitted Conduct Guideline, correctly calculated the Guidelines range, and properly considered the aggravated manner in which Combs carried out his Mann Act offenses and harmed his victims.” Prosecutors said evidence presented during the eight-week trial showed Combs transported women and commercial sex workers across state lines for prostitution, paid escorts to engage in sexual encounters involving his girlfriends, and relied on staff to arrange travel, hotel rooms, drugs and payments to facilitate the encounters. The government also argued the district court acted within its discretion at sentencing(even if a defendant was acquitted of related charges),when determining an appropriate sentence.
The Second Circuit appeal represents one of Combs’ final legal avenues to challenge the conviction or sentence. During oral arguments, appellate judges will question both prosecutors and defense attorneys before issuing a written decision, which could affirm the conviction, overturn it, or send the case back to the lower court for further proceedings.
The hearing notice indicates arguments will take place in person, though some remote participation remains possible depending on court protocols.
Combs, 55, remains in federal custody serving his sentence at FCI Fort Dix in New Jersey.
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 CIRCUIT
Combs 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
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.
Scroll to continue reading
🚨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
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.
Former MDC Brooklyn Associate Warden Dr. DeWayne Hendrix issues a warning for Diddy as his prison placement looms, plus Craig Rothfeld weighs in
DiddyCredit: Mike Coppola/Getty Images for MTV
Following his 50-month sentence for two Mann Act violations on October 3, 2025, Sean “Diddy” Combs will be heading to a federal prison- but where? Combs will be evaluated under the Bureau of Prisons’ custody classification system to determine where he’ll be placed behind bars.
Dr. DeWayne Hendrix, former Warden at the Metropolitan Detention Center (where Combs is currently housed), former Senior Warden with the Bureau of Prisons, and founder of A New Light, tells Los Angeles, “Mr. Combs will be ‘scored’ under the BOP’s classification system and designated to the lowest-security facility that meets his needs, typically within 500 miles of his release residence. With a 50-month sentence and no prior felony convictions, he most likely qualifies for a low security federal prison.”
Other experts like Craig Rothfeld, firmly state that no one truly knows where Combs will end up. Rothfeld, of Inside Outside Ltd, Criminologist and Prison Consultant (his clients are the likes of Harvey Weinstein and Luigi Mangione), tells Los Angeles exclusively, “At this time, there is no one who knows where Sean Combs is going to spend the remainder of his sentence in prison. Anyone to suggest otherwise is either speculating or worse making it up. It is a fools errand right now for anyone, anywhere, to say they have knowledge of where he is going to wind up. There are many standard and variable factors that will be evaluated by the BOP’s Designation Sentencing & Computation Center (DSCC) in making the final determination on his classification and eventual prison designation.”
Although Combs was sentenced only on the Mann Act, Judge Arun Subramanian made it clear that his acquitted behavior-brutalizing both Cassandra Ventura and “Jane”-would be considered when determining the length of his lock-up. Dr. Hendrix adds, “Because his conviction is of a sex offense, he may serve his time in a prison that has sex offender programs. Sex offenders and people who commit violent crimes against women face higher levels of harassment and assault on the inside. Then, adding his celebrity and wealth, the risk of targeting and extortion goes up.”
On the October 4th episode of the “Two Angry Men” podcast, criminal defense attorney Mark Geragos echoed Hendrix, claiming that Combs’ fame makes him a prime target, increasing the typical dangers, like physical and sexual assault, faced by inmates with similar convictions.
During Friday’s sentencing, Combs’ attorney Brian Steel revealed that Diddy was targeted to be shanked by a prisoner while at MDC Brooklyn, before a guard stepped in.“It’s a trophy for them, they get recognition if they harm him,” Steel announced in court.
MDC is notoriously one of the most inhumane jails in the country, with some federal judges even calling it a “third world” jail with no sunlight or fresh air. The defense has cited the disturbing conditions multiple times throughout the trial and in the sentencing memo. Other judges in the Southern District of New York have even factored MDC conditions into sentencing decisions. Notably, in a 2019 memo, SDNY Judge Jed Rakoff stated that it had become ‘routine’ for federal judges to consider the harsh conditions at the Metropolitan Detention Center when sentencing defendants (United States vs. Paul Manafort).
Scroll to continue reading
Dr. Hendrix believes that if Combs is not in protective custody, he will need to make protection arrangements by any means possible. “The BOP can mitigate his risks with separation options and monitoring, but if he remains in general population he will need strong protective arrangements-either formal or informal-to avoid becoming a constant target.” Hendrix also added a strange but common occurrence about how sex offenders are treated in custody- no entry into the TV room. “Sex offenders do try to keep a low profile, but a visible form of abuse is that other inmates won’t allow them in TV rooms.”
One of Combs’ attorneys Marc Agnifilo claimed that Judge Subramanian “acted like a 13th juror” and said they have plans to appeal the sentence.
Diddy’s lawyer Marc Agnifilo said Judge Arun Subramanian acted as a “13th juror” when he determined that Diddy should be punished for using fraud, force, or coercion against the victims of the prostitution charges, which completely glosses over the actual legal argument. pic.twitter.com/OsYviVbvLS
Sean “Diddy” Combs has been sentenced to more than four years in prison.
Source: Sean “Diddy” Combs – Picture / Sean “Diddy” Combs – Picture provided by Canva
U.S. District Court Judge Arun Subramanian sentenced the disgraced music mogul to 50 months behind bars, per NBC News.
Following his highly publicized trial, prosecutors sought an 11-year, three-month prison term for his Mann Act conviction, while the defense was trying for a 14-month sentence, which would amount to time served.
Combs, 55, was taken into custody in September last year. His sentence will include the year-plus he has already spent behind bars.
The long-running Diddy sex trafficking, racketeering, and prostitution case has finally been wrapped up. According to CNN, sentencing recommendations from the defense, prosecution, and probation departmentsdiffered tremendously.
Love Celebrity? Get more! Join the Bossip Newsletter
As previously reported, in July, Combs was convicted on two counts of transporting women for prostitution under the Mann Act, specifically for the transportation of former girlfriend Jane and the transportation of ex-girlfriendCasandra “Cassie” Ventura. Each charge carried a maximum penalty of 10 years in prison. Federal prosecutors were pushing for a sentence of more than 11 years, arguing that Combs physically and emotionally abused girlfriends and employees over the course of many years, all while showing no remorse for his actions.
His defense team, on the other hand, asked for no more than 14 months, including time already served. They strongly believed that the judge should disregard any testimony or evidence tied to charges Combs was acquitted of, including allegations that he coerced victims.
If the judge sided with the defense, Combs could have been released from federal custody almost immediately. Meanwhile, the court’s probation department recommended a sentence between 70 and 87 months. Earlier today, the judge stated there’s no clear reason to stray from those guidelines.
Here’s everything that’s happened throughout the case.
November 2023 – Cassie filed a lawsuit against Combs.
Source: Taylor Hill / Getty
On Nov. 17, 2023, Cassiefiled a lawsuit under New York’s Adult Survivors Act, accusing Combs of rape, sex trafficking, drug abuse, coercion, and repeated violence over the course of their decades-long relationship.
The next day, Combs quickly settled the lawsuit, with terms kept confidential.
“I have decided to resolve this matter amicably on terms that I have some level of control,” Ventura said in a statement at the time. “I want to thank my family, fans, and lawyers for their unwavering support.”
Combs added, “We have decided to resolve this matter amicably. I wish Cassie and her family all the best.”
But the lawsuit was just the tip of the iceberg. Soon, several other alleged victims brought additionalcivil lawsuits alleging sexual assault, forced drugging, and abuse during past relationships with the hip-hop mogul.
March 2024 – Sean “Diddy” Combs’ homes in LA and Miami were raided by Homeland Security.
Source: MEGA / Getty
In March 2024, properties owned by Combs in Los Angeles and Miami wereraided by Homeland Security agents. According to Page Six, the Miami raid uncoveredwhat FBI agents described as “a slew of weapons, several boxes of high-heeled heels typically worn by exotic dancers and lingerie, bottles of baby oil and lubricant, and various bags filled with narcotics.” Meanwhile, the Los Angeles search revealed a similar scene, an “array of weapons” along with a staggering 200 bottles of baby oil and 900 bottles of lubricant, reportedly found scattered throughout the home, including in Combs’ bedroom.
May 2024: Video of Diddy assaulting Cassie in 2016 surfaces.
Source: Gotham / Getty
On May 17, 2024, CNN released surveillance footageshowing Combs physically assaulting Cassie during a 2016 incident that closely mirrored the allegations outlined in her November 2023 lawsuit.
The video showed the former singer and mother leaving a hotel room and walking toward an elevator before Combs, wearing only a towel, chased after her. He grabbed her by the neck and threw her to the ground. As Cassie lay motionless, Combs was seen violently kicking her and then walking away with her purse and suitcase.
September 2024 – Diddy was indicted.
Source: Getty / General
Months later, on Sept. 16, 2024, he was arrested in New York on a federal indictment charging him with racketeering conspiracy, sex trafficking by force, fraud or coercion, and transportation to engage in prostitution. Combs pleaded not guilty.Multiple bail requests were denied.
May 2025 – The Diddy sex trafficking and racketeering trial began.
Source: The Washington Post / Getty
The rapper and hip-hop icon’s trial officially began May 5 in federal court in Lower Manhattan, led by Judge Arun Subramanian. Jury selection occupied the early days, and opening statements beganMay 12. Over the next several weeks, testimony was heard from alleged victims, employees, experts, and others, with the prosecution presenting evidence such as videos, travel logs, and witness accounts.
Prosecutors opened the trial by alleging that the Grammy-winner used his fame, power, and wealth to operate a criminal enterprise that enabled his so-called “freak offs,” drug-fueled sex parties involving both paid sex workers and unwilling participants. They claimed Combs used violence, intimidation, and coercion to force victims—including his ex-girlfriend Cassie—to participate in these disturbing encounters.
Some of the most significant testimony came early in the Diddy trial. LAPD officer Israel Florez, who previously worked in hotel security, was the first witness to take the stand. He testifiedabout being on duty at the Intercontinental Hotel in March 2016, the day surveillance footage captured Combs dragging and kicking Cassie in a hallway.
Later, another witness, Daniel Phillip—a male stripper—testified that he was paid thousands of dollars to perform sex acts with the songstress while Combs watched. He recounted an incident from around 2012 or 2013, describing how Combs allegedly became enraged when Cassie didn’t respond to him immediately. According to Phillip, Combs threw a liquor bottle at her and then dragged her by the hair into a bedroom, where he appeared to physically assault her. Phillip said he was too afraid to intervene, especially with Combs’ bodyguards present.
But the most devastating testimony came from Cassie herself. As reported by NewsOne, during the first week of the trial, she gave a harrowing account of the years of alleged abuse, control, and humiliation she suffered while in a relationship with the hip-hop mogul. She painted a chilling picture of what life was like behind the glamorous façade, recounting not only the physical assaults but also the psychological torment of being forced to participate in the infamous “freak offs.”
“He would smash me in my head, knock me over, drag me, kick me, stomp me in the head if I was down,” Cassie testified at the time of the abuse she endured.
The “Me & U” singer claimed that after one particularly brutal assault in 2008, Combs made her recover in isolation at a hotel. In another haunting moment, Cassie said she wore sunglasses to a red carpet premiere to hide the bruises left on her face. She also described the toll these encounters took on her health, stating that she developed frequent urinary tract infections from back-to-back “freak offs,” to the point where antibiotics no longer worked.
July 2025 – Diddy found not guilty of racketeering and sex trafficking.
Source: LEONARDO MUNOZ / Getty
After three days of jury deliberations, a verdict was delivered July 2 for the Diddy sex trafficking and racketeering trial. Combs was found not guilty of racketeering conspiracy and sex trafficking by force/fraud/coercion charges, but guilty on two counts of transportation to engage in prostitution under the Mann Act. His sentencing was scheduled for Oct. 3.
September 2025: Cassie pens a heartbreaking letter to the court ahead of sentencing, “I’m so scared.”
Source: Dimitrios Kambouris / Getty
As previously reported, ahead of the Oct. 3 sentencing hearing for the Diddy sex trafficking and racketeering trial, Cassie once again pleaded with the court, detailing the years of abuse and psychological manipulation she fought through while with Combs. In a powerful three-page victim impact statement obtained by Rolling Stone, she expressed not only the trauma of her past but also the fear she continues to live with today.
“I am so scared that if he walks free, his first actions will be swift retribution towards me and others who spoke up,” she wrote, making it clear that Combs’ release would not just be a legal outcome; it would be a threat to her safety and that of other victims.
“For four days in May, while nine months pregnant, I testified in front of a packed courtroom about the most traumatic and horrifying chapter in my life,” she added. Today, she says she lives “as private and quiet as possible,” constantly looking over her shoulder, fearing what could happen if Combs walks free.
Criminal Defense Attorney Arthur Aidala calls the prosecution’s request “strikingly heavy-handed”
P. Diddy has been held without bail since his September arrest on federal human trafficking charges. Credit: Elizabeth Williams via AP
The federal government is pushing for a sentence exceeding 11 years for Sean “Diddy” Combs, plus a $500,000 fine, following his conviction on two counts of transportation to engage in prostitution under the Mann Act. The sentencing is set for Friday, October 3rd, before Judge Arun Subramanian, after Combs was acquitted of more severe charges, including racketeering and sex trafficking, in July. Each Mann Act charge carries a maximum penalty of 10 years; however, it was initially believed that prosecutors would be asking for no more than 63 months.
Los Angeles spoke exclusively to Arthur Aidala of Aidala, Bertuna and Kamins, Criminal Defense Attorney for high-profile clients like Harvey Weinstein, Lawrence Taylor and Steve Bannon. Aidala tells us, “After decades of handling cases in the Southern District of New York, I can say that while the prosecutors’ recommendation of more than 11 years is strikingly heavy-handed given the offense for which Combs was convicted, it is not at all surprising. They want to put the judge in a position that if he sentences Mr Combs to far less than the prosecutor’s request, the judge will seem out of step with judicial norms.” He also added that “The prosecution in their oral arguments to the judge will lean heavily into one of the factors the judge must take into consideration, and that is general deterrence. They will be asking the judge to send a message to society that violating these laws comes with severe consequences and the judge must send a message with a significant sentence.”
In an extensive 189-page sentencing memorandum submitted late Monday, the US Attorney’s office described Combs, 55, as “unrepentant” and urged a sentence of at least 135 months. The filing emphasized Combs’ alleged use of violence and intimidation, stating, “The defendant engaged in abusive conduct that instilled fear in others.” They also state, “Now, faced with the repercussions for his actions, the defendant casts himself as the victim. He is not the victim.”
There are also letters or Victim Impact Statements from former employees and associates, including Combs’ ex-girlfriend Cassie Ventura, “Mia,” Capricorn Clark, and Chef Jordan Atkinson.
Ventura, in her letter, says, “I still have nightmares and flashbacks on a regular, everyday basis, and continue to require psychological care to cope with my past. My worries that Sean Combs or his associates will come after me and my family is my reality. I have in fact moved my family out of the New York area and am keeping as private and quiet as I possibly can because I am so scared that if he walks free, his first actions will be swift retribution towards me and others who spoke up about his abuse at trial. As much progress as I have made in recovering from his abuse, I remain very much afraid of what he is capable of and the malice he undoubtedly harbors towards me for having the bravery to tell the truth.” In November of 2023, Ventura was awarded $20 million in a civil suit she brought forth against Combs.
A former assistant, identified as “Mia” during the trial, ends her letter with a simple plea to the judge: “Please help us.”
Combs’ legal team argued for a lenient sentence of no more than 14 months, noting that he has already served 13 months in custody after being denied a $50 million bail. They claimed his reputation in music, fashion, media, and other industries has been irreparably damaged. What is Aidala’s prediction? “The defense, on the other hand, will argue that the jury acquitted him of the most serious charges and that our system is designed to ensure he is not punished for crimes of which he was found not guilty. They will contend that a sentence of time served is sufficient—both to specifically deter Mr. Combs from reoffending and to serve as a general deterrent to society. My informed view is that the judge will likely land somewhere between these two extremes.”
Scroll to continue reading
Sentencing is set for 10 AM EDT on Friday, October 3rd.
