Diddy’s lawyers claims his freak offs were “Amateur Porn” and not commercial sex

Lawyers for Sean “Diddy” Combs appeared before a federal appeals court on Thursday, April 9, 2026, to argue for the rapper’s immediate release. 

The defense is seeking to overturn his conviction on prostitution-related charges, arguing that his actions constituted protected free speech under the First Amendment.
 

Combs was convicted last July on two counts of transportation to engage in prostitution in violation of the Mann Act. He was sentenced in October to 50 months in prison, a term his legal team describes as “draconian” compared to typical sentences for similar offenses.


Combs’ attorneys are asking the Second Circuit Court of Appeals to adopt a narrower interpretation of “prostitution.” They contend that the sexual encounters involving his former girlfriends and male sex workers, which were often filmed, should be classified as amateur pornography rather than commercial sex.
 

The defense argues the “Freak Offs” were highly choreographed performances involving staged lighting and costumes. Because pornography production is protected expression, they claim it cannot be constitutionally prosecuted. Government lawyers dismissed this, noting that simply filming a sex act does not grant immunity from prostitution laws.

A central point of the appeal is whether U.S. District Judge Arun Subramanian overstepped by considering allegations for which Combs was acquitted. While the jury found Combs guilty of the Mann Act violations, they acquitted him of more serious charges of racketeering conspiracy and sex trafficking.
 

The defense argues the judge “refused to enforce the jury’s verdict” by factoring in claims of fraud and coercion during sentencing. They cited recent U.S. Sentencing Commission guidelines that discourage judges from using acquitted conduct to increase prison time. Prosecutors maintain that judges are permitted to consider a defendant’s overall character.


Combs, 56, remains in federal custody at FCI Fort Dix in New Jersey. If his conviction is upheld, his scheduled release date is May 2028. The appellate panel is expected to issue a ruling in the coming months, which could result in a full reversal, a reduced sentence, or a complete affirmation of the trial court’s decision.