Lawyers representing music executive, Sean Combs popularly know as Diddy, have filed an appeal challenging the prison sentence imposed on the music mogul, arguing that the punishment is excessive and improperly based on allegations for which he was acquitted.
In the appeal, Combs’ legal team argued that although a jury found him not guilty of serious federal charges including sex trafficking and racketeering under the Racketeer Influenced and Corrupt Organizations Act, he still received a sentence significantly higher than what is typically imposed for the charges on which he was convicted.
The rapper was ultimately convicted on two counts of transporting individuals for prostitution under the Mann Act following a trial that lasted roughly two months.
In July, U.S. District Judge Arun Subramanian sentenced Combs to 50 months in prison. Combs’ lawyers argue that the sentence is disproportionate and described it in their filing as “a perversion of justice.”
They claim the judge relied on what is known as “acquitted conduct” sentencing, a practice in which courts consider allegations rejected by a jury when determining punishment. According to the appeal, the defence team believes the sentence was improperly influenced by the charges the jury had already dismissed.
The filing states that the judge effectively acted as “a thirteenth juror.” Combs’ legal team is asking the appellate court to intervene and overturn the decision.
They requested that the court “order Mr. Combs’ immediate release and grant a judgment of acquittal or at least vacate and remand for resentencing.” The appeal now places the case before a higher court, which will decide whether the sentencing process was conducted appropriately or whether the punishment should be reduced or reconsidered.