A three-judge panel of the U.S. Court of Appeals for the Second Circuit heard nearly two hours of oral argument on April 9, 2026, in the sentencing appeal of Sean Combs, examining whether U.S. District Judge Arun Subramanian improperly relied on acquitted conduct when imposing a 50-month prison sentence on Combs's Mann Act convictions [1][2]. The panel did not issue a ruling from the bench. Judge William Nardini characterized the case as "an exceptionally difficult case," signaling that the court views the underlying legal question as unsettled [1].
Combs was convicted at trial on Mann Act charges, which prohibit transporting individuals across state lines for illegal sexual activity, but was acquitted on racketeering conspiracy and sex trafficking counts [1][2]. At sentencing, Judge Subramanian reportedly considered the acquitted charges in determining the 50-month term, a practice that has drawn scrutiny in the wake of ongoing debate over the constitutional and doctrinal limits of acquitted-conduct enhancements [2]. Defense attorneys, led by Alexandra Shapiro, argued that using acquitted conduct to increase a sentence violates due process and distorts the jury's verdict [1][2]. Government attorneys, including Christy Slavik of the U.S. Attorney's Office for the Southern District of New York, defended the sentence as consistent with existing Guidelines authority [1].
The acquitted-conduct issue has a contested history. The Supreme Court held in United States v. Watts (1997) that sentencing courts may consider acquitted conduct under a preponderance-of-the-evidence standard, but subsequent dissents and circuit-level decisions have kept the question alive [2]. The Second Circuit panel's skeptical questioning of both sides reflects the doctrinal tension between Watts and more recent due process arguments that have gained traction in lower courts [1][2]. A ruling against the government could compel resentencing and, depending on its scope, alter sentencing practice across the circuit for cases where juries return split verdicts.
Combs's attorneys are seeking either his immediate release or a resentencing before a different district judge [1]. The Second Circuit has not set a date for its decision. If the panel rules for Combs, the government may seek en banc review or petition the Supreme Court, particularly given the circuit split implications. If the panel affirms, Combs's defense retains the option of a certiorari petition, a path that would carry added weight given the Supreme Court's unresolved signals on the acquitted-conduct question [2].