Sean "Diddy" Combs' defense team is asking a New York federal appeals court to blow up his 50-month prison sentence, slamming the punishment as "a perversion of justice" and pushing for him to walk free while the case plays out.
On Wednesday, lawyers for Combs urged the U.S. Court of Appeals for the Second Circuit to move fast on an appeal that seeks either a full judgment of acquittal or a new sentencing hearing. The filing also asks that Combs be released from custody while the appeal is pending, arguing there is no good reason for him to keep serving time under what they say is an unlawful sentence.
According to the Miami Herald, the appeal asks the court to order Combs' immediate release and contends that the trial judge went too far given the split verdict returned by jurors. The filing insists Combs should be punished only for the offenses the jury actually convicted him of, not for allegations they rejected.
What the appeal says
In the brief filed with the Second Circuit, the defense argues that U.S. District Judge Arun Subramanian leaned on conduct the jury expressly acquitted when he handed down the 50-month term. By doing so, they say, he effectively stepped into the role of a "thirteenth juror" and overrode the panel's verdict.
The brief, made public by law firm Shapiro Arato, describes the sentence as "unlawful, unconstitutional, and a perversion of justice" and urges the appeals court to either release Combs immediately or send the case back for resentencing. The appellate brief also presses constitutional and First Amendment arguments as alternate routes for overturning the result.
Why the sentencing is contested
The defense leans heavily on a 2024 amendment to the federal Sentencing Guidelines that narrows how judges can use "acquitted conduct" when calculating prison ranges. The U.S. Sentencing Commission summed up the change with a pointed line: "Not guilty means not guilty."
According to the Commission's summary, the amendment bars courts from treating conduct that resulted in a federal acquittal as "relevant conduct" when setting advisory guideline ranges. Combs' lawyers say the district court sidestepped that rule and effectively punished him for charges the jury tossed.
U.S. Sentencing Commission materials note that the amendment took effect on November 1, 2024.
Conviction and sentence: the basics
In July 2025, a federal jury convicted Combs on two counts of transportation to engage in prostitution while acquitting him of racketeering and sex-trafficking charges. Three months later, in October 2025, a federal judge sentenced him to 50 months in prison and imposed a $500,000 fine.
The split verdict and relatively lengthy sentence have fueled a broader legal debate about whether judges should be allowed to factor in allegations jurors rejected when deciding how harsh a punishment to impose. The Associated Press reported on the mixed verdict and sentencing.
Release date and what's next
Public Bureau of Prisons records currently list Combs' projected release from FCI Fort Dix as April 25, 2028, moved up from an earlier date of June 4, 2028. The shift came after Combs was placed in a drug-abuse treatment program, according to reporting by FOX 5 NY.
Federal officials did not immediately comment on the change in release date. Combs' lawyers, meanwhile, are telling the appeals court there is no time to waste, even though federal appellate schedules are notorious for stretching on for months.
What the appeals court could do
The Second Circuit has a range of options in front of it. The court could vacate Combs' sentence and order his release, send the case back to the trial court for a new sentencing that applies the amended guidelines, or decide that Judge Subramanian stayed within his legal discretion and leave the 50-month term intact.
Combs' team is arguing for rapid and sweeping relief, pointing to what they describe as serious legal error and the time he has already spent behind bars. Prosecutors, for their part, are expected to defend the sentence as lawful and firmly supported by the trial record.
Legal questions ahead
Beyond Combs himself, the case tees up a big question for the federal courts: how and whether to apply the Sentencing Commission's new acquitted-conduct policy to defendants who were sentenced before the change took effect, and whether that shift opens the door to relief in past cases.
Legal experts say the Second Circuit's ruling could ripple out well beyond this high-profile defendant, potentially affecting others who argue they were effectively punished for charges that ended in "not guilty" verdicts. U.S. Sentencing Commission guidance outlines the broader policy pivot that the appeals court will now have to interpret.
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