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Second Circuit Grills Both Sides on Acquitted-Conduct Sentencing in Combs Appeal

The Second Circuit heard nearly two hours of argument in Sean Combs' Mann Act sentencing appeal, pressing both sides on whether acquitted conduct was improperly weighed.

APR 9, 2026 · NEW YORK CITY, NEW YORK, UNITED STATES · UNITED STATES V. COMBS, SECOND CIRCUIT APPEAL

A Second Circuit panel heard nearly two hours of oral argument on April 9 in Sean Combs' appeal of his 50-month sentence on Mann Act convictions, with judges pressing both defense counsel and prosecutors on whether the sentencing judge improperly relied on conduct for which the jury acquitted Combs [1]. The panel did not issue a ruling from the bench [1].

Combs was convicted on Mann Act charges related to prostitution but acquitted on the more serious counts of racketeering conspiracy and sex trafficking [2]. At sentencing, U.S. District Judge Arun Subramanian of the Southern District of New York imposed a 50-month term [1]. Defense counsel Alexandra Shapiro argued before the Second Circuit that Judge Subramanian factored the acquitted racketeering and sex trafficking conduct into his sentencing calculus, violating the jury's verdict [2]. Government attorney Christy Slavik defended the sentence as procedurally sound and substantively appropriate, arguing the judge properly considered the full record before him [1].

The central legal question, whether a sentencing judge may consider conduct on which a jury returned a not-guilty verdict when calculating a federal sentence, carries implications beyond the Combs case [2]. The U.S. Sentencing Commission has taken up the acquitted-conduct issue directly, adopting a guideline amendment that restricts such sentencing enhancements, though courts have reached divergent conclusions on how to apply the change and whether the Constitution independently bars the practice [2]. A Second Circuit ruling favorable to Combs could accelerate those circuit-level disputes and prompt further litigation over sentences already imposed under the prior framework [2].

Judge William Nardini was among the panel members who questioned both sides during the argument, and the exchange reflected the court's attention to both the constitutional dimension and the guidelines-based challenge [1]. Combs' legal team has sought either a judgment of acquittal on the Mann Act counts or, in the alternative, a full resentencing before a different judge [2].

The panel gave no timeline for its decision [1]. Any ruling adverse to the government could require the Southern District to conduct a new sentencing proceeding, and a decision broadly limiting acquitted-conduct enhancements would bind district courts throughout the circuit [2].

References

[1]CNN. (2026, April 9). Sean 'Diddy' Combs: Appeals court grills attorneys over sentencing. https://www.cnn.com/2026/04/09/entertainment/sean-diddy-combs-appeals-court
[2]NBC News. (2026, April 9). Sean Combs' lawyers press appeals court to toss his prostitution conviction and sentence. https://www.nbcnews.com/news/crime-courts/diddys-lawyers-press-appeals-court-toss-prostitution-conviction-senten-rcna267067

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