Lawyers for Sean “Diddy” Combs are asking a federal appeals court to overturn his conviction on prostitution-related charges, arguing that his actions were protected under the First Amendment to the United States Constitution.
Though the 3-judge panel did not issue a ruling after the early morning hearings, according to the Associated Press, it did question during oral arguments if Combs’ sentence was excessive. Combs, 56, has been in custody since his arrest in September 2024. According to federal authorities, his current release date is scheduled for April 2028.
Judges raised concerns that the trial court may have factored in allegations tied to acquitted charges when sentencing Sean “Diddy” Combs—a move his attorney, Alexandra Shapiro, argued resulted in an unusually harsh prison term for someone with comparable convictions and criminal history.
The appeals hearing began on the morning of April 9 in New York, challenging both Combs’ conviction and his more than four-year prison sentence. The music mogul, who is currently serving time in a federal prison in New Jersey, was convicted under the Mann Act, which prohibits transporting individuals across state lines for illegal sexual purposes.
In their arguments, Combs’ attorneys claim that recordings of sexual encounters involving his girlfriends and male sex workers constituted “amateur pornography” and should be considered protected expression. They argue that the legal definition of prostitution should be narrowly applied and not include what they describe as consensual, staged and expressive activity.
Federal prosecutors have pushed back strongly against that interpretation. In court filings, they argue that labeling such conduct as “creative” or “staged” does not shield it from prosecution. Prosecutors warned that accepting the defense’s reasoning could allow illegal commercial sex operations to claim constitutional protection under free speech laws.
Combs’ legal team is also contesting the length of his sentence, saying the trial judge improperly considered factors such as alleged coercion, fraud and his role as an organizer of criminal activity. They are seeking either a full reversal of the conviction or a reduced sentence. Combs, 56, has been in custody since his arrest in September 2024. According to federal authorities, his current release date is scheduled for April 2028.
The case stems from a high-profile trial that revealed details of Combs’ private life, including testimony about drug use, violence and orchestrated sexual encounters referred to as “freak-offs.” While he was convicted on prostitution-related charges, Combs was acquitted of more serious allegations, including sex trafficking and racketeering, which could have resulted in a life sentence.
