Lawyers for the music mogul urge a federal appeals court to order his immediate release, claiming the judge unjustly punished him for crimes the jury cleared him of.
December 24, 2025: Lawyers for hip-hop mogul Sean “Diddy” Combs filed a high-stakes appeal late Tuesday, December 23, 2025, seeking his immediate release from prison.
In a blistering brief submitted to the 2nd U.S. Circuit Court of Appeals, the legal team argued that the presiding trial judge “defied the jury’s verdict” by imposing a sentence far harsher than typical for his specific convictions.
The “13th Juror” Argument
The appeal centers on the conduct of U.S. District Judge Arun Subramanian during the October sentencing hearing.
The Claim: Attorneys Alexandra Shapiro and Marc Agnifilo alleged that the judge acted like a “thirteenth juror,” allowing evidence from charges Combs was acquitted of (sex trafficking and racketeering) to influence the punishment for the charges he was convicted of (transportation for prostitution).
Sentence Disparity: The defense noted that the 50-month (4 years and 2 months) sentence is unprecedented for Mann Act violations that do not involve “force, fraud, or coercion”—findings the jury explicitly rejected. “Defendants typically get sentenced to less than 15 months for these offenses,” the lawyers wrote.
A Recap of the “Freak-Off” Trial
The sentencing in October marked a dramatic downfall for the Bad Boy Records founder, whose legal troubles began with a civil suit from singer Cassie Ventura in 2023.
| Charge | Verdict (July 2, 2025) | Max Sentence |
| Racketeering Conspiracy | Acquitted | Life |
| Sex Trafficking by Force | Acquitted | Life |
| Mann Act (Prostitution) | Convicted (2 Counts) | 10 Years per count |
The “Freak-Off” Evidence
Despite the acquittals, Judge Subramanian made it clear during sentencing that he believed the testimony of Cassie Ventura and a witness known as “Jane.”3 He rejected the defense’s characterization of the drug-fueled sexual marathons—termed “freak-offs”—as mere “consensual experiences.”
“You abused the power and control that you had over the lives of women you professed to love dearly,” the judge told Combs in court.4
What’s Next for Diddy?
Combs, 56, is currently incarcerated at the Fort Dix Federal Correctional Institution in New Jersey.5 His current projected release date is May 8, 2028.6
- Fast-Tracked Appeal: The court has granted a request to expedite the appeal.7
- Timeline: The U.S. Government’s response is due by February 20, 2026, with oral arguments expected to take place in April 2026.8
- Immediate Release: If the appellate court agrees with the defense, they could potentially order an immediate reduction to “time served” (roughly 15 months), which would see Combs released early next year.