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Second Circuit Presses Both Sides in Diddy Appeal Over 50-Month Sentence

The case tests how far judges can use acquitted conduct when setting federal sentences.

Overview

  • A three-judge Second Circuit panel in Manhattan heard arguments Thursday on Sean Combs’ appeal of his Mann Act convictions and 50-month prison term.
  • Judges questioned whether the trial judge relied on conduct tied to charges a jury rejected, with one calling it an “exceptionally difficult case” that raises first‑impression issues.
  • Defense lawyer Alexandra Shapiro said the judge acted like a “thirteenth juror” and pushed for reversal or resentencing, while her First Amendment claim about filmed “freak‑offs” drew far less focus in court.
  • Prosecutor Christy Slavik argued the sentence was appropriate and below guidelines, said any guideline error would be harmless because the judge would impose the same term, and rejected the pornography defense as meritless.
  • No ruling was issued; Combs remains at Fort Dix in New Jersey with a projected April 15, 2028 release, and the decision could reshape how courts weigh jury acquittals at sentencing.