In expedited appeal, Sean Combs calls for overturning conviction on interstate prostitution charges

Attorneys for Sean “Diddy” Combs filed an expedited appeal Tuesday to the 2nd U.S.

Attorneys for Sean “Diddy” Combs filed an expedited appeal Tuesday to the 2nd U.S. Circuit Court of Appeals, arguing it should order his immediate release and either grant a judgment of acquittal or vacate his conviction and remand for resentencing.

He is serving a 50-month prison sentence on two interstate prostitution convictions. A jury convicted Combs this summer on two counts of transportation to engage in prostitution. He was acquitted on two more serious charges: racketeering conspiracy and sex trafficking by force, fraud or coercion.

In the appeal, Combs argues that prosecutors failed to prove their case and that his girlfriends and third parties were adults who "willingly and enthusiastically" participated in so-called freak-offs — dayslong, drug-fueled sexual encounters.

Alexandra Shapiro, Combs’ appellate attorney, said that his sentence was illegal and that U.S. District Judge Arun Subramanian imposed a "draconian" sentence based on acquitted conduct, specifically the racketeering conspiracy and sex trafficking charges.

Add NBC News to Google50 Cent speaks on new Netflix docuseries about Sean ‘Diddy’ Combs04:05Shapiro argued that Subramanian erroneously concluded that he could consider those acquitted charges and enhance Combs’ sentence, thus violating his constitutional rights.