Sean “Diddy” Combs has asked an appeals court to free him from prison and overturn his conviction on two prostitution-related offenses.
In a fast-track appeal, the rap mogul's lawyer argued that he was wrongfully convicted and that the conduct that led to his conviction was not criminal.
Defense attorney Alexandra Shapiro called Combs' 50-month prison sentence “illegal, unconstitutional and a perversion of justice.” She asked the appeals court to order Combs to be resentenced if the panel decides not to overturn his entire sentence.
The request is his team's latest attempt to commute his sentence or overturn his conviction.
The Southern District of New York, which prosecuted Combs, declined to comment on the request to the Second Circuit Court of Appeals.
Combs' lawyers previously said they would appeal his sentence and conviction.
Federal prosecutors in New York accused Combs of using his money, power and threats of violence to coerce women into unwanted sexual encounters.
During a high-profile trial this spring, jurors heard testimony from two of Combs' former girlfriends, Cassie Ventura and a woman who testified as “Jane Doe.” They said Combs abused them and forced them to participate in so-called “gags” with male escorts.
The jury found Combs not guilty of the two most serious charges: racketeering conspiracy and sex trafficking. They found him guilty of two counts of transportation for the purpose of prostitution.
In September, after his conviction, Combs asked Judge Arun Subramanian to consider acquittal or a new trial. citing objections to the anti-prostitution law known as the Mann Act. was used to pursue Combs. This application was unsuccessful.
Ahead of his sentencing, Combs' lawyers argued that he should receive a short sentence that would essentially amount to time served, a plea that would pave the way for a quick release. Prosecutors, however, asked the judge to send Combs to prison for at least 11 years.
U.S. District Judge Arun Subramanian ultimately sentenced Combs to more than four years in prison. He said he considers Combs' contributions to the community and testimonials from family and friends, but “a history of good deeds cannot wash away your record.”
Combs' appeal alleges that Judge Subramanian did not properly follow sentencing guidelines in sentencing him to 50 months in prison.
He claims the judge “ignored” the new rules and improperly considered the conduct for which Combs was acquitted when formulating his sentence. The case file claims the judge “acted as the thirteenth juror” in the case and calls the verdict “draconian.”
Before Judge Subramanian handed down the sentence, Combs apologized to Ms. Ventura and “Jane.”
“My actions were disgusting, shameful and disgusting,” Combs said. “I got lost in excess, I got lost in my ego.”
Combs also faces dozens of civil lawsuits alleging sexual assault, rape and sexual exploitation. Many of the lawsuits allege that the rapper used his fame and power to silence accusers through threats. Some details of allegations that the rapper or those who worked for him drugged people at parties before the alleged attacks.
Mr. Combs' representatives have repeatedly said that he “never sexually abused or trafficked anyone – male or female, adult or minor.”
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