On Thursday, April 9, 2026, Sean “Diddy” Combs’ attorneys appeared before a federal appeals court to request the rapper’s immediate release.
The defense is attempting to reverse his conviction on pr0stitution-related charges, claiming that his acts qualified as First Amendment-protected free speech.
In July of last year, Combs was found guilty on two counts of violating the Mann Act by transporting someone to engage in pr0stitution. His legal team characterizes the 50-month prison sentence he received in October as “draconian” when compared to other sentences for comparable crimes.
Combs’ attorneys are asking the Second Circuit Court of Appeals to adopt a narrower interpretation of “pr0stitution.” They contend that the s3xual encounters involving his former girlfriends and male s3x workers, which were often filmed, should be classified as amateur pornography rather than commercial s3x.
The defense argues the “Freak Offs” were highly choreographed performances involving staged lighting and costumes. Because p0rn0graphy production is protected expression, they claim it cannot be constitutionally prosecuted. Government lawyers dismissed this, noting that simply filming a s3x act does not grant immunity from prostitution laws.
A central point of the appeal is whether U.S. District Judge Arun Subramanian overstepped by considering allegations for which Combs was acquitted. While the jury found Combs guilty of the Mann Act violations, they acquitted him of more serious charges of racketeering conspiracy and s3x trafficking.
The defense argues the judge “refused to enforce the jury’s verdict” by factoring in claims of fraud and coercion during sentencing. They cited recent U.S. Sentencing Commission guidelines that discourage judges from using acquitted conduct to increase prison time. Prosecutors maintain that judges are permitted to consider a defendant’s overall character.
Combs, 56, remains in federal custody at FCI Fort Dix in New Jersey. If his conviction is upheld, his scheduled release date is May 2028. The appellate panel is expected to issue a ruling in the