Sean 'Diddy' Combs refuses to fade quietly behind bars. On Christmas Eve 2025, his lawyers fired a 84-page appeal torpedo at Judge Arun Subramanian, branding the jurist a 'thirteenth juror' who inflated a 50-month prison term by fixating on acquitted racketeering and sex trafficking charges.
The demand? Immediate release from FCI Fort Dix or drastic resentencing—potentially halving time served. Combs, convicted July 2025 on two Mann Act prostitution transport counts but cleared of graver accusations, faces May 2028 release.
Lead counsel Alexandra Shapiro is a renowned appellate attorney who clerked for Justice Ruth Bader Ginsburg at the Supreme Court over 30 years ago. For starters, Shapiro graduated first in her class from Columbia Law School in 1991 (Magna cum laude, Phi Beta Kappa from Williams College, 1986) and has successfully argued cases before the Supreme Court, including Salman v. United States, the first insider trading case heard by the Supreme Court in two decades. She has secured major appellate victories in Ciminelli v. United Statesand Percoco v. United States, both narrowing federal fraud statute scope, and serves as co-founder of Shapiro Arato Bach LLP, specialising in appellate work and white-collar defence.
Shapiro deems the sentence 'draconian,' violating constitutional safeguards by punishing unproven conduct. For a music mogul already thirteen months in custody (arrested September 4, 2024, and remaining in Brooklyn's Metropolitan Detention Centre until his transfer to FCI Fort Dix on October 30, 2025), every day fuels urgency.
Diddy's Sentence Fight: Acquitted Charges Fuel 50-Month Fury
October sentencing crystallised Combs' partial courtroom win into perceived defeat. The jury heard testimony from over 34 witnesses, including the two former girlfriends (Cassie Ventura and 'Jane'), several former employees, male escorts, hotel personnel, law enforcement officials, and notable figures including rapper Kid Cudi and singer Dawn Richard. Acquitted of racketeering conspiracy and sex trafficking—allegations prosecutors tied to drug-fuelled 'freak-offs' with coerced girlfriends—Combs drew 50 months plus $500,000 fine.
Judge Subramanian cited the 2016 Cassie Ventura assault video, specifically the March 2016 surveillance footage recorded at the InterContinental Hotel in Century City, California, where hotel security captured Combs grabbing Ventura from behind, throwing her to the ground, kicking her twice, dragging her by her sweatshirt, and throwing a vase at her before she retrieved items from the hallway floor.
He emphasised: 'At some point, illegal activity can't be laundered into constitutionally protected activity just by the desire to watch it,' directly rejecting defence arguments that the filmed encounters qualified for First Amendment protection. The judge further stated that Combs 'inflicted abuse on [the victims], physically, emotionally, and psychologically' and that the 50-month sentence was necessary to send a message that 'abuse and violence against women is met with real accountability.'
The 'freak-offs' referenced throughout the case were drug-fuelled, sexually explicit encounters spanning 2021 to 2024 that Combs organised, often involving coerced participation by his girlfriends alongside male escorts he transported across state lines. Many encounters were filmed and recorded. According to testimony from 'Jane,' Combs called these events "hotel nights" and pressured her into sexual acts with male workers over extended periods while he observed and sometimes recorded.
Shapiro's appeal dismantles this. Subramanian allegedly ignored 2024 guidelines, treating jury-rejected behaviour as sentencing gospel. 'He sits in prison today serving a 50-month sentence because the district judge acted as a thirteenth juror,' documents declare, seeking conviction reversal or resentencing capped at proven offences.
Mann Act convictions rest on interstate transport for prostitution—minus organisation or payment proof. Comparable cases yield under 15 months; Combs' triples benchmarks. Combs' legal team contends the sexual encounters constituted 'highly photographed performances with costumes' worthy of First Amendment protection and argues Combs was merely 'paying a voyeur experience' rather than engaging in prostitution.
The appeal also challenges the applicability of the Mann Act itself, asserting the law should only apply when 'a paying customer engages in sex,' not when an individual finances performances for personal viewing.Rejected First Amendment claims resurface, shielding filmed encounters.
Family anguish compounds. Combs' court remorse—'My actions were disgusting, shameful, and sick. I lost in ego'—clashes with aggressive appeals risking victim alienation. Bad Boy empire teeters; industry watches celebrity justice unfold.
Diddy's Judge Clash: Subramanian in Appeal Crosshairs
Subramanian bears direct fire. Beyond Ventura remarks, lawyers claim he disregarded acquittals, imposing 'unprecedented' punishment. Prosecutors initially recommended a sentence of 4 to 5 years but subsequently revised their recommendation upward to 135 months (11+ years and 3 months), citing Combs' history of abuse and his purported lack of remorse.
Judge Subramanian's 50-month middle ground now faces appellate scrutiny. Two weeks after the July verdict, lead prosecutor Maurene Comey was dismissed from her position at the Department of Justice without publicly stated explanation.
Federal response looms, with the appeal—filed on December 24, 2025, with the 2nd U.S. Circuit Court of Appeals in Manhattan, consisting of 84 pages—expected to take several months, with no oral arguments currently scheduled. Victory slashes time served; defeat solidifies infamy. Combs' July acquittal—after 13-hour deliberations over 3 days—offered vindication on headlines; sentencing flipped narrative.
Combs' Current Prison Status and Pardon Bid
Combs was transferred to FCI Fort Dix on October 30, 2025, and is currently housed in the facility's Residential Drug Abuse Program (RDAP) unit rather than general population. The low-security facility, located in Burlington County, New Jersey, approximately 80 miles southwest of Midtown Manhattan, has a population of over 4,100 male inmates.
FCI Fort Dix's RDAP is a 9- to 12-month intensive treatment program; successful completion can reduce Combs' sentence by up to one year. He is assigned to work in the prison laundry room as part of inmate duty assignments.
FCI Fort Dix has previously housed several high-profile individuals, including 'Pharma Bro' Martin Shkreli, former NFL player Aaron Hernandez, actor Robert Downey Jr., and television personality Joe Giudice from Real Housewives of New Jersey.
Combs' scheduled release date is May 8, 2028, though this projection may be reduced through completion of the RDAP program or earned good-behaviour credits, potentially shortening his sentence by up to one year. As 2026 beckons, Fort Dix isolation intensifies. Shapiro's gambit demands precision; prosecutors counter with acquitted-conduct precedent.
President Donald Trump confirmed that Combs has submitted a request for a presidential pardon in connection with the case, though Trump did not indicate whether he would grant the request. Manhattan's appeals court wields the gavel. Diddy's empire awaits verdict—thirteenth juror or judicial duty?
