Sean “Diddy” Combs is set to be released from prison before the new year.
The disgraced rapper filed a new appeal on Tuesday, asking to have his conviction overturned and released from prison, according to documents obtained by Page Six.
In his appeal, Combs, 56, accused Judge Arun Subramanian of acting like a “13th juror” in the rebellion co-founder’s infamous sex-trafficking trial.
Combs’ lawyers argue in documents that the judge’s “draconian” 50-month sentence was based on the racketeering and sex trafficking charges for which Combs was acquitted.
“The judge disregarded the jury’s verdict and found that Combs ‘coerced’, ‘exploited’, and ‘coerced’ his girlfriend into having sex with him and led the criminal conspiracy,” the filing reads.
“These judicial findings outweighed the verdicts and led to the highest sentences ever imposed on nearly identical defendants, even though, unlike Combs, most of the other defendants operated prostitution businesses that exploited poor and undocumented women and minors.”
The “Act Bad” rapper’s attorneys said they believe much of the government’s evidence at trial “would have been irrelevant and inadmissible” if Combs had been charged with only the two Mann Act counts for which he was convicted.
“However, the district court was determined to punish Mr. Combs, who was acquitted, and considered all the evidence anyway. The district court did not even follow its own proposed test,” the document says.
Combs’ attorneys are asking the court to either “immediately release him and acquit him, or vacate and remand him for resentencing.”
Page Six reached out to the U.S. District Court for the Southern District of New York on behalf of Judge Subramanian, but did not immediately receive a response.
In July, Combs was found not guilty on two counts of sex trafficking by force, fraud, or coercion and racketeering conspiracy. However, he was found guilty of two counts of transportation for the purpose of prostitution.
Three months later, the “I’ll Be Missing You” host was sentenced to 50 months in prison and transferred from the Metropolitan Detention Center in Brooklyn, New York to FCI Fort Dix in New Jersey.
Combs is scheduled to be released in June 2028.
