Diddy Files Appeal Asking for ‘Immediate Release’ From Prison

Attorneys for Sean "Diddy" Combs have launched a vigorous legal challenge to his imprisonment, filing an 84-page appeal that demands his immediate release. The document, acquired by Variety, contends that the 50-month sentence handed down by Judge Aran Subramanian was excessively harsh. Defense counsel Alexandra A.E. Shapiro asserts the judge overstepped by acting as a "thirteenth juror," imposing a penalty based on his personal belief that Combs coerced former girlfriends into sex acts—allegations for which the jury did not find him guilty.

The appeal highlights that federal convictions for transportation to engage in prostitution, even those involving coercion, commonly draw sentences of less than 15 months. Combs, the hip-hop icon who founded the seminal Bad Boy Records label in 1993, was convicted on two counts of that charge in July but was acquitted of more serious racketeering and sex trafficking counts. Legal experts note that such acquittals on lead charges often reflect a jury's careful deliberation and typically lead to more moderate sentencing, strengthening the argument for judicial overreach. During the October sentencing, Judge Subramanian pointed specifically to 2016 surveillance video showing Combs assaulting singer Casandra "Cassie" Ventura—his former girlfriend and protégé whose career he helped launch—as central to his decision to impose a lengthy term for accountability.

Introducing a controversial new angle, Shapiro's appeal advances a novel First Amendment defense, claiming Combs's sexual activities and their documentation are constitutionally protected expression. Judge Subramanian had previously dismissed this argument at trial. This strategy is widely seen as highly unorthodox in federal criminal proceedings, where speech protections are rarely applied to conduct that is integral to a criminal offense. "Framing prostitution-related conduct as protected speech is an extreme legal maneuver," observed a former federal prosecutor specializing in appeals. "Precedent is firmly established that the First Amendment does not immunize actions that are central to criminal activity, irrespective of whether they are recorded." Historically, such defenses have failed in cases where the underlying conduct itself violates the law, regardless of any expressive intent.

Combs is currently serving his sentence at FCI Fort Dix, a low-security federal correctional institution in New Jersey that primarily houses non-violent offenders. His projected release date is May 2028, though a successful appeal could significantly reduce that timeframe. The case continues to draw intense public scrutiny, serving as a focal point in broader discussions about how the legal system handles cases involving celebrity, complex power imbalances, and allegations of abuse. The outcome could influence sentencing approaches in future high-profile cases where a defendant is convicted on lesser charges after being acquitted of the most severe accusations.