On December 23, 2025, attorneys for hip-hop mogul Sean "Diddy" Combs filed an expedited appeal with the U.S. Court of Appeals for the Second Circuit in Manhattan, challenging his conviction on two prostitution-related charges and his 50-month prison sentence. The 84-page brief argues that U.S. District Judge Arun Subramanian improperly influenced the sentencing by considering evidence from charges on which Combs was acquitted, effectively acting as a "thirteenth juror." The filing seeks either an acquittal, immediate release from prison, or a remand for resentencing limited to the convicted conduct.
Combs, 56, is currently incarcerated at the Federal Correctional Institution in Fort Dix, New Jersey, with a projected release date of May 2028, accounting for time served since his September 2024 arrest. He was transferred there following his October 3, 2025, sentencing.
The appeal stems from Combs' high-profile federal trial in the Southern District of New York, which concluded on July 2, 2025, with a mixed verdict. After an eight-week trial featuring testimony from 34 prosecution witnesses, a jury acquitted Combs of one count of racketeering conspiracy and two counts of sex trafficking by force, fraud, or coercion—charges that could have resulted in life imprisonment. However, he was convicted on two lesser counts of transportation to engage in prostitution under the Mann Act, a 1910 federal law prohibiting the interstate transport of individuals for immoral purposes or prostitution.
The Mann Act convictions carry a maximum of 10 years per count. Prosecutors sought a sentence of over 11 years, citing Combs' alleged pattern of abuse, while the defense requested 14 months, emphasizing time already served and arguing for leniency. Judge Subramanian ultimately imposed 50 months (four years and two months), a $500,000 fine, and five years of supervised release.
In the appeal brief, Combs' lawyers, led by Alexandra Shapiro, contend that the sentence was disproportionately harsh. They note that similar Mann Act offenses typically result in sentences under 15 months, even in cases involving coercion—an element the jury explicitly rejected. The filing accuses Subramanian of overriding the jury's acquittals by independently finding that Combs "coerced," "exploited," and "forced" his former girlfriends into sexual acts, thereby inflating the sentence.
The case centered on allegations that Combs orchestrated elaborate, drug-fueled sexual encounters known as "freak-offs" or "hotel nights," involving his girlfriends and paid male escorts transported across state lines. Two ex-girlfriends testified extensively: singer Casandra "Cassie" Ventura, Combs' partner from approximately 2007 to 2018, and an anonymous witness referred to as "Jane," who dated him from 2021 to 2024.
Ventura described participating in hundreds of "freak-offs," which she called "disgusting" and humiliating, often lasting days and involving drugs. She testified that Combs pressured her into these acts, physically abused her, and once beat her in a Los Angeles hotel hallway in 2016—an incident captured on surveillance video shown to jurors. "Jane" echoed similar claims, alleging pressure into prolonged sexual encounters with escorts while Combs watched, filmed, and sometimes masturbated.
At sentencing, Subramanian rejected the defense's portrayal of the encounters as "consensual experiences" or a "sex, drugs, and rock 'n' roll story." He stated: "You abused the power and control that you had over the lives of women you professed to love dearly. You abused them physically, emotionally, and psychologically." The judge clarified that the sentence addressed only the Mann Act convictions but considered Combs' overall conduct toward the women.
Combs' defense has consistently argued that the activities were consensual adult encounters, not prostitution, and that applying the Mann Act here represents an unprecedented and unconstitutional expansion of the law. They describe the "freak-offs" as part of a "swingers’ lifestyle" involving voyeurism and amateur pornography, not commercial sex.
The appeal also highlights the Mann Act's controversial history, originally enacted amid moral panics over "white slavery" and later criticized for racist applications. Combs' team contends the prosecution unfairly targeted his lifestyle as a wealthy Black entertainer.
No oral arguments have been scheduled yet in the Second Circuit, though the appeal was expedited earlier in the process. Combs remains in custody pending resolution.
The criminal case has drawn intense scrutiny, amplifying dozens of civil lawsuits accusing Combs of sexual assault, abuse, and misconduct spanning decades. He has denied those allegations, with many cases ongoing or settled.
Combs, founder of Bad Boy Records and a three-time Grammy winner, built a multibillion-dollar empire in music, fashion, and spirits. His fall from grace has been marked by canceled partnerships, including with Diageo, and widespread public debate over power dynamics in the entertainment industry.
Victim advocates have praised the conviction as accountability for influential figures, while supporters argue it criminalizes private consensual behavior. The appeal could set precedents for Mann Act interpretations in modern contexts.
