Lawyers representing music executive Sean Combs, popularly known as Diddy, have submitted an appeal contesting the prison sentence handed to the music mogul, arguing that the punishment is excessive and was influenced by allegations for which he had already been cleared.
In their appeal, Combs’ legal team stated that although a jury found him not guilty of major federal accusations, including sex trafficking and racketeering under the Racketeer Influenced and Corrupt Organizations Act, he still received a sentence that is significantly harsher than what is normally given for the offences he was actually convicted of.
Following a trial that lasted about two months, the rapper was found guilty on two counts of transporting individuals for prostitution under the Mann Act.
In July, Arun Subramanian, a U.S. District Judge, sentenced Combs to 50 months in prison. His lawyers argue that the punishment is excessive and described it in their court filing as “a perversion of justice.”
The defence team claims the judge relied on what is referred to as “acquitted conduct” sentencing a legal practice where courts factor in allegations that a jury has already rejected when deciding a sentence. According to the appeal, Combs’ lawyers believe the dismissed charges unfairly influenced the final punishment.
The filing further argues that the judge essentially acted as “a thirteenth juror.”
Combs’ attorneys are now asking the appellate court to step in and reverse the ruling.
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 case will now be reviewed by a higher court, which will determine whether the sentencing was handled properly or if the punishment should be reduced or reconsidered.