Sean Combs, better known by his stage name Diddy, has filed a new appeal contesting both his conviction and sentence. His attorneys claim the trial judge overreached himself in the sentencing process.

Diddy’s attorneys asked an appellate court to either reduce his 50-month sentence or overturn his conviction and order his release from prison in court documents submitted late on Tuesday. Since his sentencing, the defense has filed a number of appeals, but the most recent one focuses on the actions of the presiding judge, Arun Subramanian, whom they charge with serving as the case’s “thirteenth juror.”.

Lead attorney Alexandra Shapiro claimed in the appeal that the judge used accusations for which Diddy had been found not guilty, such as racketeering and $3.x trafficking, to impose what she called a “draconian” sentence.

The submission of claims Despite the jury’s not-guilty verdicts on the more serious and violent charges, Judge Subramanian incorrectly stated during sentencing that he could take into account behavior related to those charges. According to Shapiro, this would violate Diddy’s constitutional rights.

Diddy’s legal team maintains that his sentence should be based solely on the two counts for which he was convicted, violations of the Mann Act relating to the transportation of individuals for the purpose of prostitution.

In earlier appeals, the defence also contended that Diddy did not personally arrange travel or make payments for male $.3x workers, and therefore did not violate the Mann Act as alleged by prosecutors.

Federal prosecutors are expected to file their response within the next two months, after which the case will be considered by the appellate court.