Lawyers for hip-hop mogul Sean “Diddy” Combs filed a motion with the 2nd U.S. Circuit Court of Appeals in Manhattan late Tuesday, demanding his immediate release or a reversal of his conviction on prostitution-related charges.
The Appeal
The filing, submitted to the 2nd Circuit, seeks to overturn the four-year, two-month sentence imposed by Judge Arun Subramanian in October.
Request Details
Combs’ attorneys argue that the judge should be ordered to release him immediately, reverse his Mann Act conviction, or direct Subramanian to reduce the sentence.
Background of the Case
Combs, 56, is serving time at a federal prison in New Jersey and is scheduled for release in May 2028 after being acquitted of racketeering conspiracy and sex trafficking at a trial that ended in July.
Conviction and Sentencing
The conviction was under the Mann Act, which prohibits transporting people across state lines for any sexual crime, and the judge’s sentence was 4 years and 2 months.
Judge’s Role
The lawyers contend that Subramanian acted like a “thirteenth juror” when he imposed the sentence, allowing evidence from the acquitted charges to unduly influence the punishment.
Alleged Evidence Influence
They claim that the evidence surrounding the charges for which Combs was acquitted was used to justify a harsher penalty than warranted by the law.
Prostitution Offenses
Combs was convicted of two lesser prostitution offenses that did not involve force, fraud, or coercion, according to the lawyers’ filing.
Typical Sentencing Comparison
The attorneys noted that “Defendants typically get sentenced to less than 15 months for these offenses – even when coercion, which the jury didn’t find here, is involved,” indicating a perceived disparity.
Judge’s Findings
They also wrote that “The judge defied the jury’s verdict and found Combs ‘coerced,’ ‘exploited,’ and ‘forced’ his girlfriends to have sex and led a criminal conspiracy. These judicial findings trumped the verdict and led to the highest sentence ever imposed for any remotely similar defendant.”
Sentencing Rationale
Subramanian’s sentencing statement highlighted that he considered the treatment of two former girlfriends who testified that they were beaten and coerced into sex with male sex workers while he watched and filmed the encounters, sometimes masturbating.
Cassie Ventura Testimony
Former girlfriend Casandra “Cassie” Ventura testified that Combs ordered her to have “disgusting” sex with strangers hundreds of times during their decade-long relationship that ended in 2018, and that jurors saw video of him dragging and beating her in a Los Angeles hotel hallway after one such multiday “freak-off.”
Jane Testimony
The second former girlfriend, who testified under the pseudonym “Jane,” said she was pressured into sex with male workers during what Combs called “hotel nights,” drug-fueled sexual encounters from 2021 to 2024 that also could last days.
Judge’s Statements
Subramanian stated that he “rejects the defense’s attempt to characterize what happened here as merely intimate, consensual experiences, or just a sex, drugs, and rock ‘n’ roll story.” He added: “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. And you used that abuse to get your way, especially when it came to freak-offs and hotel nights.”
Kid Cudi’s Testimony
In addition to the legal filings, Kid Cudi has broken his silence about testifying in the sex-trafficking trial, joining Alex Cooper on the Aug. 13 episode of “Call Her Daddy” and reflecting on his reluctance to take the stand.
Current Status
The 2nd Circuit has not yet heard oral arguments, leaving the outcome of the appeal uncertain as the court considers whether the judge’s sentencing was consistent with the jury’s verdict and the applicable law.
Key Takeaways
- Combs’ lawyers seek immediate release, reversal of conviction, or sentence reduction.
- The appeal challenges Judge Subramanian’s use of acquitted-charge evidence.
- Victim testimony and judge’s statements highlight allegations of coercion and abuse.
