Sean ‘Diddy’ Combs files appeal asking for his immediate release
Sean “Diddy” Combs asked an appeals court to release him from prison and overturn his convictions for two prostitution-related crimes.
In a court filing on expedited appeal, the rap mogul’s lawyer argued that he was improperly punished and that the conduct that resulted in his conviction was not criminal in nature.
Attorney Alexandra Shapiro called Combs’ 50-month prison sentence “unlawful, unconstitutional and a perversion of justice.” He asked the appeals court to re-sentence Combs if the panel chooses not to vacate his conviction entirely.
This request is his team’s latest attempt to reduce the sentence or vacate the conviction.
The Southern District of New York, which prosecuted Combs, declined to comment on the request filed with the Second Circuit Court of Appeals.
Combs’ lawyers have previously said they will appeal his sentence and conviction.
Federal prosecutors in New York accused Combs of using his money, power and the threat of violence to coerce women into unwanted sexual advances.
During a high-profile trial this spring, the jury heard from two of Combs’ ex-girlfriends, Cassie Ventura and a woman who testified as “Jane Doe.” They said Combs harassed them and forced them to participate in so-called “frenzies” with male escorts.
The jury found Combs not guilty of the two most serious charges: racketeering conspiracy and sex trafficking. They found her guilty of two counts of transporting her for prostitution.
In September, following his conviction, Combs asked Judge Arun Subramanian to consider an acquittal or a new trial, citing objections to the use of the anti-prostitution law known as the Mann Act to prosecute Combs. This proposal was not successful.
Before his sentencing, Combs’ attorneys argued that he should receive a short sentence that would essentially equal his time served; this request would pave the way for his speedy release. But prosecutors asked the judge to sentence Combs to at least 11 years in prison.
U.S. District Judge Arun Subramanian ultimately sentenced Combs to more than four years in prison. He said he took into account Combs’ contributions to the community and testimonials from family and friends, but “a history of good deeds cannot erase your record.”
Combs’ appeal argues that Judge Subramanian did not properly follow sentencing guidelines when sending him to prison for 50 months.
The court argues that the judge “in no way violated” the new guidelines and improperly considered conduct that led to Combs’ acquittal in determining his sentence. The application alleges that the judge “acted as the thirteenth juror” in the case and that the sentence was “draconian.”
Before sentencing, Judge Subramanian apologized to Combs, Ms. Ventura, and “Jane.”
“What I did was disgusting, shameful and disgusting,” Combs said. “I’m so lost, lost in my ego.”
Combs also faces dozens of pending civil lawsuits accusing him of sexual assault, rape and sexual abuse. Many of the lawsuits allege that the rapper used his fame and power to silence accusers with threats. There are some detailed allegations that the rapper or those working for him drugged people at parties before the alleged attacks.
Representatives for Mr. Combs have repeatedly said that he “did not sexually assault or traffick anyone, male or female, adult or minor.”
