*Sean “Diddy” Combs’ lawyers are escalating their challenge to his federal conviction, contending that his sentence was influenced by allegations the jury had already dismissed. In a new reply brief filed with the U.S. Court of Appeals for the Second Circuit, the defense asserts that the sentencing judge considered claims tied to dismissed charges, effectively punishing Combs for conduct jurors had rejected, Los Angeles Magazine reports.
The filing appears to be the final written argument before the appeals court hears oral arguments on April 9. Combs’ team frames the appeal as a critical examination of judicial authority and the role of juries in criminal cases.
As we reported earlier, appellate attorney Alexandra A.E. Shapiro maintains that the 50-month sentence imposed on Combs after the jury found him guilty on two counts of transportation for the purposes of prostitution involving Cassie Ventura, another former girlfriend, and male sex workers, was excessive. He was acquitted of racketeering conspiracy and sex trafficking charges. The jury rejected allegations that Combs orchestrated a criminal operation.
Despite these verdicts, Judge Arun Subramanian reportedly used those allegations to justify a longer sentence. “The most important check on the government’s power is the right to a jury trial,” the brief states, underscoring that a jury’s findings should determine the outcome of criminal proceedings.
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At the heart of the appeal is a legal principle known as “acquitted conduct,” which allows judges in some circumstances to factor in behavior linked to charges a defendant was acquitted of when setting a sentence. Combs’ attorneys argue that this practice artificially inflated the range of his potential punishment.
Combs’ filing also raises concerns about the application of the century-old Mann Act in his case. His attorneys argue the statute was applied too broadly, pointing out that the relationships were consensual and claiming the government is overstepping by regulating private conduct and First Amendment freedoms.
“What is the point of a jury trial,” the filing asks, “if your sentence is driven by what you were acquitted of doing?”
The appellate court has the option to uphold the conviction, schedule a new sentencing hearing, or completely overturn the ruling. Combs’ attorneys are asking for the case to be sent back for resentencing without factoring in behavior the jury determined he did not commit.
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