Sean “Diddy” Combs dodged a possible sentence of life in prison at his recent Manhattan federal trial — and now the music mogul is making his case for why he deserves to spend not a minute more behind bars.
Attorneys for Combs late Monday filed a lengthy memo seeking a punishment of time served for the 55-year-old Bad Boy Records founder, ahead of his scheduled October 3 sentencing.
“In the past two years, Mr. Combs’s career and reputation have been destroyed,” his lawyers wrote in a 182-page presentencing submission.
“He has served over a year in one of the most notorious jails in America—yet has made the most of that punishment. It is time for Mr. Combs to go home to his family, so he can continue his treatment and try to make the most of the next chapter of his extraordinary life,” Combs’ attorneys wrote.
A prison sentence of no more than 14 months — which Combs has nearly served — “is the only reasonable sentence,” his lawyers said.
The lengthy court filing says the rapper is committed to continuing anger management and substance abuse counseling.
“Mr. Combs is committed to leading a completely law-abiding life. He will never again engage in any type of conduct that comes close to crossing the line into criminal conduct and will fully comply with all conditions of release,” his lawyers argue. “Many circumstances demonstrate that there is little to no risk that Mr. Combs will recidivate.”
The plea for leniency also argues that “there are no victims — ” a point that prosecutors and the judge have signalled they would heatedly counter.
Multiple trial witnesses described more than a dozen instances where Combs physically beat his then-girlfriend, Cassie Ventura, and a woman who testified under the pseudonym “Jane.”
The drugs were to blame, Combs’ lawyers argue.
“Like every addict, his behavior while on painkillers was erratic and unpredictable, and often the reason behind any assaults discussed at the trial,” they wrote.
The businessman and rapper, once worth close to a billion dollars, has been locked up at a notorious federal jail in Brooklyn since his arrest and indictment on sex trafficking and racketeering charges one year ago.
At his trial this summer, the jury cleared Combs of those top charges and instead convicted him on two prostitution-related counts.
The transportation to engage in prostitution counts that Combs was found guilty of are known as Mann Act charges. Each carries a maximum sentence of 10 years.
Prosecutors have suggested in previous court filings to the judge overseeing the case, US District Judge Arun Subramanian, that Combs should be sentenced to at least four years in prison. They have suggested that the number will go up when they file their own sentencing recommendations.
One of Combs’ defense lawyers, Alexandra Shapiro, told Business Insider in an August interview that she believes Combs’ prosecution was “overcharged and unfair.”
The Mann Act, Shapiro said, is historically never used in a situation like this.
“The history of the statute is that for basically like 75 years, the government has focused on prosecuting people with a commercial interest in a prostitution business, people who are engaged in exploiting vulnerable women and making money off them,” Shapiro told Business Insider. “This is night and day from that.”
The judge has yet to decide on a defense motion that asks the judge to toss or retry the Mann Act counts.
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