
The Second Circuit Ruled on Diddy's Sentence. The Answer Could Change How Federal Judges Punish Anyone Acquitted of a Crime.
Susan Blake
Updated Jul 30, 2026
Sean Combs at the Cannes Film Festival on May 19, 2012. Credit: Nicolas Richoffer / CC BY-SA 4.0, via Wikimedia Commons
The Second Circuit Court of Appeals has issued its ruling in Sean “Diddy” Combs’ sentencing appeal - a case that judges themselves described as “an exceptionally difficult case” raising “a question of first impression, not only for this court, but apparently for any federal court of appeals in the country.”
Combs was convicted in July 2025 on two Mann Act counts - transporting individuals across state lines for prostitution. He was acquitted of the far more serious charges: racketeering conspiracy and sex trafficking. Judge Arun Subramanian sentenced him to 50 months in federal prison. His appellate team argued the sentence was built on the conduct the jury rejected.
The Question No Court Had Answered
The appeal centered on “acquitted conduct” sentencing - the practice of judges factoring in behavior from charges a jury explicitly rejected when calculating a prison term. In 2024, the U.S. Sentencing Commission amended its guidelines to restrict this practice, stating plainly that “not guilty means not guilty.” Combs’ attorneys argued Subramanian had ignored those guidelines.
At oral arguments in April, Circuit Judge William Nardini pressed prosecutors directly: “What your argument would lead to is that there’s no such thing as acquitted conduct. Tell me why I’m wrong about that.” The panel did not rule from the bench.
The Fallout Beyond the Sentence
Combs, 56, has been serving his sentence at FCI Fort Dix in New Jersey. His projected release date has shifted multiple times as he accumulated credits for participation in the Residential Drug Abuse Program. His attorneys had argued that defendants convicted of similar Mann Act offenses typically receive sentences of roughly 15 months - less than a third of what he received.
The ruling’s significance extends past Combs. If the Second Circuit found that Subramanian’s use of acquitted conduct was improper, it would establish the first federal appellate precedent on the post-2024 guidelines - affecting how every federal judge in the circuit sentences defendants going forward. Multiple law professors filed briefs supporting the appeal’s legal theory.
The Public Record
Oral arguments were heard April 9, 2026, with all three judges - Circuit Judges Sarah Merriam, William Nardini, and M. Miller Baker - actively questioning both sides for nearly two hours. The Music Times update filed today confirms the ruling has been issued. Combs’ civil lawsuits - separate from the criminal case - remain active in multiple jurisdictions.
References: Judges Say Diddy’s Appeal Raises a Question No Federal Court Has Answered | Second Circuit Hears Diddy’s Appeal in Case No Federal Appeals Court Has Faced Before | Sean ‘Diddy’ Combs Takes His Fight to Federal Appeals Court
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