By Olivier Acuña Barba •
Published: 31 Jul 2025 • 23:28
• 2 minutes read
Sean “Diddy” Combs might spend no more than five years in prison | Credit: Aspects and Angles/Shutterstock
Arguing that the US federal government unfairly targeted him, that his conviction is “unconstitutional” and unprecedented, Sean “Diddy” Combs has asked the judge in his case to acquit him or give him a retrial in a 62-page memorandum. He has not yet been sentenced.
Combs, 55, was convicted on two counts of transportation to engage in prostitution earlier this month, but was acquitted on the more severe accusations of racketeering conspiracy and sex trafficking.
The hip-hop mogul has been in prison since his arrest in September 2024 and is due to be sentenced in October. On Tuesday, July 29th, his attorneys filed a new request for his release on a $50 million bond ahead of the hearing.
‘Painted him as a monster’
In the new filing, Combs’s defence team said the US government had “painted him as a monster” ever since his arrest, but argued his two-month trial showed allegations of a “20-year racketeering enterprise and sex trafficking multiple women… were not supported by credible evidence, and the jury rejected them”.
The filing also states Combs is the only person in America to be convicted under the Mann Act under his circumstances, with his attorneys arguing that had he only been charged with the two counts of transportation to engage in prostitution, his trial would have been entirely different, with less evidence of violence presented to the jury.
“This conviction stands alone, but it should not stand at all,” Combs’ attorney Alexandra Shapiro wrote in the memorandum, according to CNN.
“Since the government arrested Sean Combs last September, it has painted him as a monster. For months, prosecutors accused him of running a 20-year racketeering enterprise and of sex trafficking multiple women,” the filing states. “But his 2-month trial showed these charges were not supported by credible evidence, and the jury rejected them.”
Combs, only one ever convicted under Mann Act
The filing continues: “Mr. Combs now stands convicted only of two prostitution counts under the Mann Act, which doesn’t require proof of coercion, threats, or fraud. The government told the jury it had to convict so long as Mr. Combs arranged for a long-time girlfriend or a paid male escort or entertainer to travel across state lines to get together and have sex. And that is all the jury convicted him for.”
Combs’ defence argues it is “undisputed that he had no commercial motive and that all involved were adults,” adding that the “men chose to travel and engage in the activity voluntarily.”
“To our knowledge, Mr. Combs is the only person ever convicted of violating the statute for conduct anything like this,” the filing states.
“Sean Combs sits in jail based on evidence that he paid adult male escorts and entertainers who engaged in consensual sexual activities with his former girlfriends, which he videotaped and later watched with the girlfriends,” the filing later states. “That is not prostitution, and if it is, his conviction is unconstitutional.”
Might be in jail for no more than 5 years
Combs’ team argues that the “Freak-Off” videos – portions of which were viewed numerous times by the jury – are not proof of coercion or prostitution, but rather “amateur porn.”
Combs’ sentencing is scheduled for October 3rd. Combs faces a maximum sentence of 20 years in prison, but it is highly unlikely he will get the maximum punishment, the New York Times wrote.
However, prosecutors previously said their preliminary calculations indicate Combs should get at least 51 to 63 months, or roughly four to five years, in prison on the two convictions. Meanwhile, the defence suggested a range of 21 to 27 months.


