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Combs, currently in federal prison in New Jersey, won't be at
Thursday morning's arguments before a panel of three federal
appellate judges. He's challenging his conviction and more than
4-year prison sentence.
His attorneys say Combs' conviction should be reversed, or he
should at least be freed and resentenced to less time.
Prosecutors oppose the arguments.
In written arguments, Combs' lawyers repeated claims they made
before the trial judge, including an assertion that Combs' films
of sexual encounters between his girlfriends and male sex
workers amounted to “amateur pornography” and was protected by
the First Amendment. The attorneys said the term “prostitution”
should be interpreted narrowly to exclude what they portray as
voyeuristic and expressive activity.
The lawyers also argue that Combs' sentence was too harsh,
saying the trial judge wrongly based it in part on a conclusion
that the crimes involved fraud and coercion and that Combs was a
leader or organizer of criminal activity. Combs was acquitted of
sex trafficking and racketeering charges that carried the
potential for a life sentence.
He was convicted under the federal Mann Act, which bans
transporting people across state lines for any sexual crime.
Federal prosecutors said in court papers that Combs' recordings
don't make his case a free speech issue.
They said that if Combs was right in claiming that “creative,”
“elaborate” and “highly staged” sex acts meant that they were
protected by the First Amendment, then “brothels offering
elaborate and staged scenes for individuals to have sex with
women for payment could claim First Amendment protection.”
Prosecutors also said the sentence was proper.
Combs' trial last year exposed the sordid private life of one of
the most influential figures in music. The case featured
harrowing testimony about violence, drugs and sexual
performances that witnesses said he called “freak-offs” or
“hotel nights.”
He did not testify. His defense team acknowledged that he could
be violent but argued that prosecutors were straining to make a
federal crime out of his personal life.
Combs, 56, has been behind bars since his September 2024 arrest.
The Federal Bureau of Prisons says he is scheduled for release
in April 2028.
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