A panel of federal appeals court judges raised concerns during a recent hearing regarding the severity of the approximately four-year prison sentence handed to Sean “Diddy” Combs for his conviction on charges related to prostitution. The three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan refrained from an immediate decision following two hours of arguments.
Circuit Judge William J. Nardini characterized the case as exceptionally challenging, posing novel questions not only for their court but for federal courts nationwide. Throughout the proceedings, the judges questioned whether the sentencing judge had improperly factored elements of charges that Combs was acquitted of in determining his prison term, which Combs’ attorney, Alexandra Shapiro, argued was the lengthiest ever for such charges and a comparable criminal background.
Assistant U.S. Attorney Christy Slavik, representing the government, disputed Shapiro’s assertion, stating that the four-year, two-month sentence given to Combs was below federal sentencing guidelines and aligned with similar convictions in the 2nd Circuit.
Combs, presently incarcerated in a federal prison in New Jersey, is contesting both his conviction and the over four-year sentence. Despite being convicted under the Mann Act for transporting individuals across state lines for prostitution last July, he was acquitted of more severe sex trafficking and racketeering charges, which carried the possibility of a life sentence.
In his sentencing remarks in October, Judge Arun Subramanian clarified that Combs was being sentenced solely for the offenses he was convicted of, not those he was acquitted on. The judge emphasized that the court was obligated to consider the nature of the offense and the defendant’s characteristics, with no restrictions on assessing background, character, and behavior.
During the recent hearing, Shapiro urged the appeals panel for a prompt decision. Combs, aged 56, has been in custody since his arrest in September 2024 and is slated for release in April 2028 according to the Federal Bureau of Prisons. His legal team contends that his conviction should be overturned or that he should be released and resentenced to a reduced term.
Despite detailed legal arguments, there was no discussion during the recent hearing regarding Combs’ lawyers’ claim that his conviction should be overturned due to First Amendment protection for sexual activities between his partners and male sex workers. However, there was significant deliberation on his attorneys’ assertion that Subramanian erroneously considered evidence of fraud and coercion that the jury had dismissed in exonerating him on the most serious charges.
Combs’ trial last year shed light on the private life of the influential music figure, revealing disturbing details about violence, substance abuse, and sexual activities referred to as “freak-offs” or “hotel nights” by witnesses. While Combs did not testify, his defense team acknowledged his potential for violence but argued against federalizing his personal life as criminal conduct.

