Is Diddy’s Four-Year Sentence Too Harsh?

Photo Credit: Sean “Diddy” Combs for Cannes Lions Learning / CC by 3.0

Attorneys for Sean Combs hope to overturn his conviction, arguing that his so-called ‘freak-offs’ were protected under the U.S. Constitution.

According to lawyers for Sean “Diddy” Combs, his so-called “freak-offs” are protected by the First Amendment to the U.S. Constitution, which protects freedom of speech and expression. This extends not only to spoken and written words, but to certain types of media—including adult content—provided it does not break other laws.

Federal prosecutors argue that the case isn’t about protected expression, but about illegal conduct—and that the Mann Act applies, regardless.

It’s just the latest wrench Combs’ attorneys have attempted to throw at his conviction last year under the federal Mann Act, which bans transporting people across state lines for sexual purposes. His lawyers say the rapper should at least be re-sentenced to serve less time, or his conviction reversed altogether.

Federal appeals court judges say it’s an “exceptionally difficult case” that raises many questions “not only for this court but for any federal court in the country.”

At its core, the arguments center on whether a judge improperly considered aspects of acquitted charges to sentence Combs; it is, according to his attorneys, the most prison time ever given to someone convicted of the same charges with a similar criminal history.

Combs is currently in federal prison in New Jersey following his conviction last July under the Mann Act. However, he was acquitted of the more serious charges of sex trafficking and racketeering, which could have seen him with a life sentence.

And according to Assistant U.S. Attorney Christy Slavik, the four-year, two-month sentence was below that which was called for by federal sentencing guidelines. To put it bluntly, Combs might consider himself lucky.

The three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan heard two hours of arguments on Thursday and did not immediately issue a ruling. It remains to be seen whether any aspects of Combs’ sentence will ultimately be lessened, or his conviction overturned in any way.