Diddy has filed a formal appeal seeking immediate release from prison and a complete review of his conviction, claiming that the judge relied on charges he had already been acquitted of and “acted as a thirteenth juror.” The rapper and entrepreneur’s legal team argues that his sentence violates both the U.S. Constitution and updated 2024 Sentencing Guidelines

Two months after filing his initial notice of appeal, Diddy has returned to the spotlight with a full legal motion demanding his release and a retrial. The music mogul — currently serving a 50-month federal sentence in New Jersey — is challenging the court’s decision, which his defense team says was “unlawful, excessive, and unconstitutional.”

According to his attorney, Alexandra A.E. Shapiro, the court imposed the sentence “based on conduct for which Mr. Combs had already been acquitted.” The appeal argues that the judge improperly considered allegations of coercion and exploitation that had been dismissed by the jury, effectively overriding their verdict.

The 56-year-old artist, acquitted in July of the most serious charges — including sex trafficking and racketeering — was convicted only of two minor offenses related to “transportation for participation in acts of prostitution.” His lawyers maintain that the 50-month sentence is “disproportionate and unsupported by law,” claiming that Judge Arun Subramanian “acted as a thirteenth juror” by imposing a sentence based on rejected evidence.

The appeal asserts that the court “ignored the jury’s decision” and “constructed a sentence influenced by unproven allegations.” Diddy’s legal team is calling for either a full vacating of his conviction or a resentencing limited strictly to the charges on which he was found guilty.

In a statement to Rolling Stone, a representative for Diddy said, “This appeal raises issues that go beyond Mr. Combs himself. The court imposed an unprecedented sentence based on conduct that the jury had already rejected, violating both the 2024 Sentencing Guidelines and fundamental constitutional protections.”

The defense also calls for Diddy’s immediate release pending review, arguing that the current sentence “lacks a valid legal foundation.”

A key section of the appeal focuses on First Amendment rights, claiming that the court violated Diddy’s freedom of expression. His lawyers argue that the footage cited as evidence showed Diddy as an “observer and producer” of private recordings — not an active participant in any illegal acts. They maintain that his work fell under the category of artistic creation rather than criminal activity.

Judge Subramanian, however, dismissed that argument during trial, stating: “At some point, criminal activity cannot be sanitized under the guise of artistic expression or voyeuristic interest.” The appeal notably quotes that line, adding sarcastically, “whatever that means.”

Diddy has been in custody since September 2024 and was transferred to FCI Fort Dix in October 2025. According to the Federal Bureau of Prisons, his current projected release date is May 8, 2028.

During sentencing, his defense had requested just 14 months — far below the 70-to-87-month range suggested by federal probation services. The court’s decision to impose a nearly four-year sentence has become the central point of contention for his attorneys, who describe it as “irrational and inconsistent with both logic and law.”

Beyond its immediate implications, Diddy’s appeal has ignited broader debate within the legal and music communities. Some analysts suggest that the case could set a precedent for how courts handle “acquitted conduct” in sentencing — a practice that has long been controversial in U.S. criminal law.

While Diddy remains incarcerated, his team insists he is “hopeful” that the appeal will restore justice. If approved, the motion could result in his early release or a new trial altogether — potentially reshaping one of the most high-profile legal battles in the entertainment industry.

As his attorneys emphasize, “This case isn’t just about one man — it’s about a principle. The justice system must respect jury verdicts and avoid punishing individuals for ghosts of accusations past.”

For now, Diddy’s legal fight is far from over. But one thing is clear: the battle for his freedom is only just beginning.