Sean 'Diddy' Combs has filed an appeal challenging his 50-month federal prison sentence, arguing that the judge improperly considered conduct related to charges of which he was acquitted.

Combs was convicted last July under the federal Mann Act for transporting people across state lines for illegal sexual activity, specifically for prostitution. He was acquitted of sex trafficking and racketeering conspiracy charges. He has been incarcerated since his arrest in September 2024 and is currently serving his sentence in a federal prison in New Jersey, with a projected release date of April 2028.

The appeal was filed to the 2nd U.S. Circuit Court of Appeals in Manhattan. On April 9, 2026, a three-judge panel heard roughly two hours of oral arguments in the case.

Combs' lawyer, Alexandra Shapiro, argued for either vacating the sentence or securing his immediate release. Her primary contention centers on whether Judge Arun Subramanian improperly considered conduct from the acquitted racketeering conspiracy and sex trafficking charges—which she argues overlapped with the convicted conduct—when determining the sentence.

Shapiro cited a new sentencing guideline that prohibits judges from considering acquitted conduct when imposing sentences. She also emphasized that the 50-month term represents the longest sentence ever imposed for similar Mann Act charges involving a defendant with a comparable criminal history. She urged the court to rule quickly on the matter.

Assistant U.S. Attorney Christy Slavik defended the sentence on behalf of the prosecution. She argued that the 50-month sentence actually falls below federal sentencing guidelines. According to Slavik, if the sentence were based solely on the charges of which Combs was convicted—without reference to the acquitted conduct—the guidelines would have called for at least 15 years in prison with a mandatory minimum. She further contended that the 50-month sentence aligns with other Mann Act sentences imposed elsewhere in the district.

The three-judge appellate panel, which included Circuit Judge William J. Nardini, questioned whether the original sentence was too harsh and whether acquitted conduct was improperly factored into the sentencing decision. Nardini characterized the case as an 'exceptionally difficult case' and a 'question of first impression'—both for the 2nd Circuit and potentially for any federal court of appeals.

No immediate ruling was issued following the oral arguments. The court indicated it would issue a decision at a later date.

The appeal raises significant questions about sentencing practices and the extent to which judges can consider conduct related to acquitted charges. Such issues have become increasingly scrutinized in federal criminal law, particularly following changes to sentencing guidelines aimed at protecting defendants' rights.

Combs' case continues to draw substantial attention as one of the most high-profile criminal convictions in recent years. The outcome of this appeal could have implications not only for Combs but potentially for sentencing practices across federal courts.

**Sources**

https://www.youtube.com/watch?v=dTHABH6Tuc0

https://komonews.com/news/nation-world/sean-diddy-combs-lawyers-appeal-prostitution-related-charges-conviction-mann-act-cite-first-amendment-defense-free-speech-prison-sentence-freak-offs-hotel-nights-drugs

https://www.youtube.com/watch?v=VHHm1ysgAc0

https://www.documentcloud.org/documents/28031791-diddy-2nd-circuit-opening-brief/