Sean Combs appeared in a Manhattan courthouse on Thursday, nearly three months after a federal jury found him guilty on prostitution charges, as his lawyers made a final effort to upend the music mogul’s conviction ahead of his sentencing.
Wearing tan jail clothes, and with salt-and-pepper hair and beard, Mr. Combs entered the courtroom with a broad smile just after 11 a.m., accompanied by members of the U.S. Marshals Service. He greeted members of his legal team with handshakes and hugs, and waved to his children in the gallery.
Mr. Combs, 55, who has been held in a Brooklyn jail for more than a year, was convicted in July on two counts of transporting people across state lines for the purposes of prostitution — charges related to voyeuristic sex marathons involving male escorts and two of his former girlfriends. The jury acquitted him of sex trafficking the women and running a racketeering conspiracy, the most serious charges in the case.
The hearing was Mr. Combs’s first court appearance since the jury issued its verdict. His sentencing is scheduled for Oct 3.
Mr. Combs’s team of lawyers has been trying to persuade the judge overseeing the case, Arun Subramanian, that he should vacate the verdict and acquit the famed producer, or order a new trial altogether that would be limited to the charges on which he was convicted.
They have argued that the case against Mr. Combs was an unjust use of the Mann Act, the 1910 federal law that underlies the conviction, to prosecute private sexual activity between consenting adults.
“It’s unclear why this conduct should be criminal in 2025,” Alexandra Shapiro, one of Mr. Combs’s lawyers, said at the hearing.
At the 80-minute hearing, held in Federal District Court in Manhattan, the defense sparred with prosecutors over whether Mr. Combs’s voyeurism constituted prostitution, and whether the sexual activity, which Mr. Combs frequently filmed, is protected by the First Amendment.
Prosecutors have asserted in court papers that Mr. Combs, known as Diddy and Puff Daddy, was a clear-cut violator of the Mann Act who used violence against the women involved and “plied” them with drugs to ensure their continued participation in the sex marathons, known as “freak-offs” and “hotel nights.”
“Those freak-offs — they were about one thing only: the defendant’s sexual gratification,” Christy Slavik, one of the prosecutors, said at the hearing.
There is a high legal bar for vacating a jury’s verdict. Judge Subramanian did not issue a ruling from the bench, but said he would give his decision soon.
If the case proceeds to sentencing, the defense’s arguments at the hearing may provide a window into an eventual appeal.
Mr. Combs’s lawyers have asserted that his convictions are an outlier in the scope of modern-day prosecutions under the Mann Act, which is often used against pimps who benefit financially from transporting prostitutes.
The defense argued at the hearing that because Mr. Combs was a voyeur in the sexual scenarios who watched his girlfriends have sex with escorts, the conduct should not be considered prostitution.
“Prostitution doesn’t include commercial voyeurism,” Ms. Shapiro said.
Ms. Slavik countered that there was “overwhelming evidence” presented at trial that male escorts were paid to perform sexually, and that Mr. Combs facilitated those encounters.
The hearing also focused on defense’s contention that the freak-offs, which Mr. Combs often filmed, amounted to “amateur porn” and were protected by the First Amendment. Prosecutors have called the argument baseless.
“He intended for these individuals to engage in prostitution — nothing more than that,” Ms. Slavik said.
The defense has asked that their client be sentenced to no more than 14 months in prison; if the judge grants that request, Mr. Combs would be released before the end of the year. The government will issue its formal sentencing recommendation — which is expected to be much higher — next week.
The probation office found that federal sentencing guidelines indicated a maximum sentence of seven years and three months, which takes into account the instances of violence against his former girlfriends and the role that drugs played in the sexual encounters.
After the verdict, Judge Subramanian rejected a bid for Mr. Combs’s release from jail ahead of sentencing. He has remained in a dormitory-style unit of the Metropolitan Detention Center that often houses high-profile inmates.
As part of their effort to secure a lower sentence, the defense has depicted Mr. Combs in court papers as a “humbled man” who got sober for the first time in 25 years while in detention, and who developed an educational program that has “inspired” other inmates.
In papers submitted this week, the defense shared with the judge testimonials from inmates who have taken the course, called “Free Game With Diddy,” as well as a class outline focused on business management and personal development. (One of the assignments is writing an essay that incorporates “lessons learned from Sean ‘Diddy’ Combs’s journey.”)