Sean “Diddy” Combs has asked an appeals court to release him from prison and overturn his conviction on two prostitution-related crimes.
In a court filing for an expedited appeal, the rap mogul’s attorney argued that he was improperly sentenced and that the conduct that resulted in his conviction was not criminal in nature.
Attorney Alexandra Shapiro called Combs’ 50-month prison sentence “unlawful, unconstitutional, and a perversion of justice”.
She asked an appeals court to order that Combs be resentenced if the panel chooses not to throw out his conviction in its entirety.
The request is the latest attempt by his team to reduce his sentence or to have his conviction thrown out.
The Southern District of New York, which prosecuted Combs, declined to comment on the request to the Second Circuit Court of Appeals.
Combs’ lawyers had previously said they would appeal his sentence and conviction.
Federal prosecutors in New York accused Combs of using his money, power, and the threat of violence to coerce women into unwanted sexual encounters.
During a high-profile trial this spring, the jury heard from two of Combs’ ex-girlfriends, Cassie Ventura and a woman who testified as “Jane Doe”. They said Combs abused them and forced them to participate in so-called “freak-offs” with male escorts.
The jury found Combs not guilty of the two most serious charges: racketeering conspiracy and sex trafficking. They convicted him of two counts of transportation to engage in prostitution.
In September, after his conviction, Combs asked Judge Arun Subramanian to consider an acquittal or new trial, citing objections over the way an anti-prostitution statute known as the Mann Act was used to prosecute Combs. That bid was not successful.
Ahead of his sentencing, Combs’ attorneys argued he should receive a brief sentence that would essentially amount to time served, a request that would have paved the way for a swift release. Prosecutors, however, asked the judge to sentence Combs to at least 11 years in prison.
US District Judge Arun Subramanian ultimately sentenced Combs to more than four years in prison. He said he considered Combs’ contributions to society and testimonials from family and friends, but “a history of good works can’t wash away your record”.
Combs’ appeal argues that Judge Subramanian did not properly follow sentencing guidelines when sentencing him to 50 months in prison.
It argues the judge “flouted” new guidelines and improperly considered conduct for which Combs had been acquitted when formulating his punishment. The filing argues the judge “acted as a thirteenth juror” in the case and calls the sentence “draconian”.
Before Judge Subramanian issued his sentence, Combs apologised to Ms Ventura and “Jane.”
“My actions were disgusting, shameful, and sick,” Combs said. “I got lost in excess, I got lost in my ego.”
Combs is also facing dozens of pending civil lawsuits, which accuse him of 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 allege that the rapper – or those who worked for him – drugged people at parties before alleged assaults.
Representatives for Mr Combs have repeatedly said he “never sexually assaulted or trafficked anyone – man or woman, adult or minor”.
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