Recommendations of the Editorial team
Two months after Sean “Diddy” Combs filed a two-page notice of appeal announcing sA detailed appeal has now been filed to challenge both his conviction and the sentence.
In court documents viewed by ROLLING STONE, Combs’ lawyers are calling for his “immediate release” from federal prison. They request that the court “either issue a verdict of acquittal or vacate the verdict and remand for resentencing.”
Appellate attorney Alexandra AE Shapiro argues that the court set the 50-month sentence after Combs was convicted of two counts of transportation for the purpose of prostitution with “heavy consideration of acquitted acts.”
Conviction and acquitted charges
In July, Combs was acquitted of sex trafficking and organized crime conspiracy charges. However, found guilty of two lesser crimes of transportation for the purpose of prostitution. At the time, the jury rejected prosecutors’ claims that Combs ran a criminal enterprise and forced two former girlfriends into drug-fueled sex with male escorts.
The current filing accuses U.S. District Court Judge Arun Subramanian of acting as a “thirteenth juror” in imposing a verdict “based on the very allegations of coercion and other acquittals that the jury had rejected.” Shapiro says the court ignored the jury’s verdict when it “insisted on imposing a ‘serious sentence’ that reflected the ‘aggravating factors that I have raised,’ particularly ‘duress.'”
Defense statement
“We have filed the final notice of appeal in United States v. Combs. It raises questions that go far beyond this case. In short, the appeal argues that the district court imposed a record-breaking sentence by relying on conduct that the jury expressly rejected. In direct contradiction to the 2024 Sentencing Guidelines and basic constitutional principles,” a representative for Combs said in an email to ROLLING STONE.
“The filing asks the appeals court to vacate the conviction and order immediate release. Or, alternatively, vacate the convictions or remand them for lawful resentencing, strictly limited to the offenses of the conviction.”
Further appeal arguments
In addition to appealing the sentence, the document cites “a separate and independent basis for overturning Combs’ convictions.” It argues that his First Amendment rights were violated because the district court treated him “as a consumer of the sexual performances that took place during the freak-offs and hotel nights.” Combs’ lawyers claim he was an “observer and producer.” However, he did not have sex with those present who were involved in the videos he filmed.
Court reaction and current detention status
Justice Subramanian had previously stated: “At some point, illegal activity cannot be transformed into constitutionally protected activity simply by the desire to view it.” This statement is quoted in the appeal. The lawyers add the comment: “whatever that means”.
Combs, 56, has been in custody since his arrest in September 2024. In October 2025, he was transferred to the FCI Fort Dix federal prison in New Jersey. His expected release date is May 8, 2028, according to the Federal Bureau of Prisons. Combs’ defense had originally asked for a sentence of no more than 14 months. Which would have been well below the range of 70 to 87 months, i.e. around six to seven years, recommended by the Federal Probation Service.