Sean 'Diddy' Combs files appeal asking for his immediate release

Combs argues his sentence was improperly decided and asked that his conviction also be thrown out.

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In a court filing for an expedited appeal, the rap mogul's attorney argued that he was improperly sentenced, and that the conduct that resulted in his conviction was not criminal in nature.

Attorney Alexandra Shapiro called Combs' 50-month prison sentence "unlawful, unconstitutional, and a perversion of justice". She asked an appeals court to order that Combs be resentenced, should the panel choose not to throw out his conviction in its entirety.

The request is the latest attempt by his team to reduce his sentence or throw out his conviction.

The Southern District of New York, which prosecuted Combs, declined to comment on the request to the Second Circuit Court of Appeals.