Where is Diddy? | See latest on his appeal

NEW YORK – Sean “Diddy” Combs’ lawyers urged a federal appeals court to overturn the conviction that sent the hip-hop mogul to prison on prostitution-related charges, arguing he was treated unfairly at trial and that his sentence was improperly calculated.

What was the ruling?

What we know:

A three-judge panel heard about two hours of oral arguments Thursday but did not immediately rule. 

The judges said the case was “exceptionally difficult” and noted it had been well briefed. It’s unclear when a decision will be issued.

Diddy, who is serving a more than four-year sentence in federal prison in New Jersey, is appealing both his conviction and sentence.

What are Diddy’s lawyers arguing?

His attorneys argued the conviction should be thrown out, or at minimum, that he should be resentenced to less time. Prosecutors opposed the request.

What they’re saying:

A key issue during arguments centered on how the trial judge calculated Diddy’s sentence. His lawyer argued the judge improperly considered conduct he was acquitted of — including allegations tied to sex trafficking and racketeering — when sentencing him to 50 months in prison.

What is the Mann Act?

Diddy was convicted under the federal Mann Act, which prohibits transporting individuals across state lines for sexual crimes.

First Amendment argument

Prosecutors, however, say the case has nothing to do with free speech. In filings, they argued that accepting Diddy’s reasoning would mean commercial sex operations could claim First Amendment protection simply by making encounters “creative” or “staged.”

They also maintain that the sentence was appropriate.

His legal team said the judge wrongly factored in allegations of coercion and other conduct when applying sentencing enhancements, which can increase prison time under federal guidelines.

The other side:

Prosecutors argued the sentence should stand, saying the conduct overlaps with the Mann Act violations and can be considered in sentencing, even if the jury acquitted him on separate charges.

In earlier filings, Diddy’s lawyers also argued that videos he recorded of sexual encounters between his girlfriends and male sex workers amounted to “amateur pornography” protected by the First Amendment. Prosecutors rejected that argument, saying the case has nothing to do with free speech.

The backstory:

Diddy did not testify. His lawyers acknowledged he could be violent but argued prosecutors were trying to criminalize aspects of his personal life.

FILE – Rapper Sean ‘Diddy’ Combs attends the REVOLT & AT&T Summit on October 25, 2019 in Los Angeles, California. (Photo by Scott Dudelson/Getty Images)

After Thursday’s hearing, his attorneys left without speaking to reporters, though defense lawyer Marc Agnifilo said there were “a lot of great arguments.”

The 56-year-old has been in custody since his arrest in September 2024. According to the Federal Bureau of Prisons, he is scheduled to be released in April 2028.