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Tuesday 04 August 2026 14:49:02 GMT
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The prosecutor defending Sean
The prosecutor defending Sean "Diddy" Combs' 50-month prison sentence argued yesterday that Judge Arun Subramanian did not error when he included an enhancement for fraud or coercion but if he did, the error was harmless. Assistant U.S. Attorney Christy Slavik said Judge Subramanian stated during the October 2025 hearing his sentence for Combs would be the same if he hadn't applied the enhancement. Slavik and her colleagues recommended the judge sentence Combs to 135 months in prison, which is 11 years and three months. Before sentencing Combs last year, Subramanian said prosecutors’ 135-month recommendation is “over the statutory maximum of the sentences on these offenses ran concurrently” and “not reasonable.” He said he agrees “that a serious sentence is warranted,” including for the “profound impact on Ms. Ventura and Jane” and “the time span, over a decade.” He said cases with similar sentences for prostitution “involved defendants with more extensive criminal history scores, and they also involved things like murder, minor victims, an expansive prostitution enterprise with numerous victims and the like.” The judge also said a 135-month sentence doesn’t account for Combs’ “mitigating circumstances, such as his lack of recent criminal history, his family ties and ties to the community." In oral argument before the 2nd Circuit U.S. Court of Appeal on Thursday (April 9), Judge M. Miller Baker asked if Combs' 50-month is "substantively unreasonable" without the violence and coercion factor. "For the record, a sentence is only substantively unreasonable if it is manifestly unjust or shocks the conscience. And we see that sort of dynamic in some of the other cases. I'm thinking of the Jones case in which Justice Scalia, you know, dissented. I can't remember the difference between the guidelines without consideration of acquitted conduct, but it was, it was something astronomically high, and here, the 50-month sentence was below guidelines and reflected the fact that the judge really did consider the fact of the acquittals," Slavik said. Had Subramanian "just ignored the acquittals and sentenced on the trafficking or the racketeering, the sentence would have been at least 15 years." "There's a 15-year mandatory minimum term with a trafficking charge. This 50-month sentence was well below and well in line with other cases in this district," Slavik said. "Judge Subramanian was was very focused on other Mann Act sentences and asked the parties to provide a list of Mann Act cases and the sentences. And so he was fully aware of the different ranges of sentences that Mann Act defendants get." Judge William J. Nardini asked, "I just want to be clear. Was that a 'No, it would not be substantively unreasonable,'?" Slavik laughed and said she didn't remember the original question "but I think that's a 'no.'" "Let me rephrase my original question," Judge Baker said. "You're very good at evading, evading my question. ... Actually, if I was a district judge, I would say the witness will be responsive to the question." "So would his 50-month sentence be substantively unreasonable in the absence of the factual findings of violence and coercion?" Baker asked. "The answer is 'no,'" Slavik said. "Thank you, Judge Nardini." "That's where I thought you were going, but I wanted to make sure that we had an answer to the question," Nardini said. #court #law #diddy #crime
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