Sean “Diddy” Combs has lodged an appeal against his 50-month prison sentence, arguing that it is excessive and calling for his “immediate release” from custody. The 84-page appeal, reviewed by Variety, was filed yesterday by his attorney Alexandra A.E. Shapiro.
The appeal contends that Judge Aran Subramanian “acted as the thirteenth juror” by imposing a sentence harsher than warranted. It claims the judge overrode the jury’s verdict by finding that Combs “coerced,” “exploited” and “forced” his girlfriends to engage in sex and led a criminal conspiracy, which “trumped the verdict.”
“Defendants typically get sentenced to less than 15 months for these offenses — even when coercion, which the jury didn’t find here, is involved,” the appeal states. Combs was convicted in July on two counts of transportation to engage in prostitution but acquitted of more serious racketeering conspiracy and sex trafficking charges that carried heavier penalties.
During sentencing in October, Judge Subramanian cited a 2016 incident in which Combs assaulted his former girlfriend Casandra “Cassie” Ventura, stating that his violence would influence the sentence. “The same power you used to hurt women, you can use to help them,” the judge told Combs. “I’m counting on you to make the most of your second chance.”
Shapiro also argues that the conviction should be overturned because Combs’ sexual interactions and filming of them are protected by the First Amendment, a claim previously rejected by Subramanian. Combs is currently serving his sentence at FCI Fort Dix in New Jersey, with a projected release date of May 2028.
