Federal Court of Appeal judges heard oral arguments Thursday, April 9, in Sean “Diddy” Combs’ challenge to his 50-month prison sentence.
A judge called the case “an exceptionally difficult case” because it raises legal concerns about the first impression of federal courts nationwide.
The disgraced music mogul, who was convicted in October of two counts of interstate transportation for the purpose of prostitution, did not appear at the hearing by a three-judge panel of the Second Circuit Court of Appeals in Manhattan.
According to Alexandra Shapiro, a member of the defense team, the judge in the case took into account the acquitted charges against Combs, such as racketeering and sex trafficking, when imposing the sentence.
Combs’ lawyers say he should be released immediately since his sentence is about four times the usual punishment for such crimes. It is also claimed that the notorious “freak-off” parties represent “amateur po***graphy” which is entitled to protection under the First Amendment.
Assistant U.S. Attorney Christy Slavik argued that the 50-month sentence was, in fact, below the federal guideline range and similar to other cases in the circuit.
After a lengthy two-hour debate on the issue, Circuit Judge William J. Nardini admitted that the case was quite complicated and referred questions not only to the judge but to “any federal court in the country.”
Currently, Combs is incarcerated at the low-security federal penitentiary at Fort Dix, New Jersey, with a scheduled release date of April 25, 2028.
