Will Sean ‘Diddy’ Combs be released today from prison? Latest updates and what we know

Sean “Diddy” Combs is making a dramatic legal push for his immediate release, with his defense team presenting a striking argument before a federal appeals court in New York. The rapper’s lawyers are now trying to overturn his conviction by reframing the controversial “freak-off” tapes at the center of the case.

The appeal comes after Combs was sentenced on two counts of transportation to engage in prostitution, while being acquitted of the more serious trafficking and racketeering charges. Diddy’s attorneys, Alexandra Shapiro and Nicole Westmoreland, appeared before the U.S. Court of Appeals for the Second Circuit on Thursday, asking judges to reverse the conviction or reduce his sentence.

At the heart of the appeal is the argument that the tapes in question depict consensual, staged performances rather than criminal activity.


ALSO READ: Oracle Layoffs: Thousands being fired via email without warning—here's what lead to the global restructuring

What is Diddy’s new legal argument?

Diddy's attorneys claim that because the 56-year-old was recording amateur pornography, which is protected by the US Constitution as free speech, he was wrongfully convicted under the Mann Act, a federal law that prohibits the transportation of people across state lines for sexual crimes. The lawyers argued that these recordings amounted to amateur pornography and voyeuristic material that Combs and his girlfriends later watched privately, as quoted in a report by The Daily Mail.

Combs' legal team further stated, "Pornography production and viewing of this sort is protected by the First Amendment and thus cannot be prosecuted constitutionally."

The appeal also argues that the federal definition of prostitution should be interpreted more narrowly.

ALSO READ: Iran embassies mock Trump as online war of words escalates amid the heightened tensions—here are the tweets going viral all over social media

Will Sean ‘Diddy’ Combs be released today from prison?

Combs's attorneys are seeking his immediate release from prison, asserting that the judge imposed an excessively severe sentence. Combs's attorneys contend in their appeal that Subramanian unjustly permitted evidence from the acquitted charges of racketeering conspiracy and sex trafficking to influence the punishment.

His team demanded the immediate release of the troubled record executive and requested that the judge either "grant a judgment of acquittal" or "vacate and remand for resentencing," as quoted in a report by Page Six.

Why are prosecutors rejecting the appeal?

Federal prosecutors have sharply pushed back against the defense’s position. The defense team's amateur pornography argument was, however, deemed "meritless" by federal prosecutors due to the fact that Combs is "entirely different from adult film distributors."

ALSO READ: Matthew Perry's stepmom slams 'Ketamine Queen' in fatal overdose case-here's what she said

What was Diddy convicted of?

Combs was convicted under the federal Mann Act, which prohibits transporting individuals across state lines for sexual crimes. He was acquitted of human trafficking and racketeering charges that could have resulted in a life sentence. His legal team is also challenging the sentence itself, arguing that the trial judge wrongly considered findings related to fraud, coercion, and leadership of criminal activity. They are seeking either a full reversal or a reduced sentence.

How long is Diddy expected to remain in prison?

The music mogul, now 56, has been in custody since his September 2024 arrest. He is currently being held in a federal prison in New Jersey. According to the Federal Bureau of Prisons, his scheduled release date is April 2028, as per a report by Page Six and The Daily Mail.

The appeal hearing could now determine whether Combs remains behind bars or gets another chance at a shorter sentence. Oral arguments were initiated by a three-judge panel at the U.S. Court of Appeals for the Second Circuit in Manhattan at 10 a.m. ET on Thursday. The court had the option of maintaining Combs's conviction, ordering a new sentencing hearing, or reversing the case.

FAQs

What is Diddy asking the court for?
He is seeking to overturn his conviction or reduce his prison sentence.

When is his current release date?
He is currently scheduled for release in April 2028.