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Sean Combs Appeals 50-Month Sentence at Second Circuit Over Acquitted Conduct

A federal appellate panel at the U.S. Court of Appeals for the Second Circuit heard oral arguments on April 9, 2026, in Sean "Diddy" Combs' challenge to his 50-month prison sentence, with defense counsel contending that the sentencing judge improperly weighed conduct for which Combs was acquitted [1]. The panel did not rule from the bench and described the case as "exceptionally difficult" [1][2].

Combs was convicted in July 2025 on two counts under the Mann Act, a federal statute prohibiting the interstate transport of individuals for prostitution or other illegal sexual activity [1]. He was acquitted on separate sex trafficking and racketeering charges. At sentencing, the trial court considered the acquitted conduct as relevant background under the federal sentencing guidelines, a practice that allows judges to consider uncharged or acquitted facts when calculating a sentence, so long as those facts are established by a preponderance of the evidence rather than the beyond-a-reasonable-doubt standard required for conviction [2]. Defense attorney Alexandra Shapiro argued before the panel that the sentence reflected punishment for crimes the jury declined to find proven [1][2].

The government defended the sentence. Prosecutors maintained that the sentencing court applied the guidelines correctly and that the acquitted conduct was properly before the judge as relevant conduct [1]. The panel, which included Judge William Nardini, pressed both sides on the legal standard and on whether the trial judge's reliance on the acquitted charges was harmless or dispositive to the sentence actually imposed [1][2].

The core legal question, whether a sentencing court may enhance a defendant's punishment based on conduct a jury expressly rejected, remains unsettled at the Supreme Court level [2]. The high court has addressed the issue in prior terms but has not issued a definitive categorical bar, leaving circuit courts to apply their own precedent. The Second Circuit's ruling in this case could have precedential weight for how federal district courts in New York and Connecticut handle similar sentencing disputes going forward.

No ruling date has been set. If the Second Circuit vacates the sentence, the case would return to the district court for resentencing before Judge Arun Subramanian [1]. If the panel affirms, Combs could seek certiorari at the Supreme Court, where the acquitted-conduct question has drawn recurring interest from multiple justices [2].

References

[1]CNN. (2026, April 9). Sean 'Diddy' Combs: Appeals court grills attorneys over whether he was improperly sentenced. https://www.cnn.com/2026/04/09/entertainment/sean-diddy-combs-appeals-court
[2]Above the Law. (2026, April 9). Sean Combs Fights For Reduced Time Due To Potential Sentencing Error. https://abovethelaw.com/2026/04/sean-combs-fights-for-reduced-time-due-to-potential-sentencing-error/

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