Sean "Diddy" Combs is not giving up on his fight for freedom. Lawyers for the convicted hip hop mogul asked a federal appeals court on Tuesday for his immediate release. They also asked the court to appeal his conviction ontwo counts of transportation to engage in prostitution.
If granted, it would mark the end of his 50-month prison sentence.
His conviction centers on the transportation of two former girlfriends –Casandra "Cassie" Ventura Fineand the anonymous "Jane" – as well as sex workers for the intent of prostitution. It was the result of a shocking split verdict in the case on July 2, when jurors acquitted Combs, 56, on the most serious charges of racketeering and sex trafficking. The prostitution charges could have carried asentence of 10 years each, but Judge Arun Subramanian sentenced him to a little more than four years.
Nevertheless, Combs' lawyers argued in a filing to the 2nd U.S. Circuit Court of Appeals in Manhattan that the judge had erred in his sentencing by letting evidence from the acquitted charges influence his decision. "The judge defied the jury's verdict and found Combs 'coerced,' 'exploited,' and 'forced' his girlfriends to have sex and led a criminal conspiracy. These judicial findings trumped the verdict and led to the highest sentence ever imposed for any remotely similar defendant," the lawyers wrote, perreporting by the Associated Press..
They also pointed out that "defendants typically get sentenced to less than 15 months for these offenses - even when coercion, which the jury didn't find here, is involved."
This is the latest appeal on behalf of the music mogul. Combs' legal team filed an appeal tooverturn his convictionon Oct. 20 in the U.S. District Court for the Southern District of New York on Oct. 20, according to a document obtained by USA TODAY.
Following the verdict, Judge Subramanian denied bail for Combs, saying, "It is impossible for the defendant to demonstrate by clear and convincing evidence that he poses no danger." Prosecutor Maurene Comey also opposed the defense's request for Combs to be released immediately, even though the defense proposed travel restrictions, regular drug testing and a $1 million bond co-signed by himself, his mother, his sister and the mother of his oldest daughter. "There is serious, serious conduct here that will mandate a lengthy period of incarceration," Comey said.
The appeals court has yet to hear hear oral arguments in the case yet. If the conviction and sentence stands, Combs would be eligible for release in May 2028. To date,more than 70 lawsuitshave been filed against Combs.
This article originally appeared on USA TODAY:Diddy appeals to be immediately released from prison
