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Maftuna Joʻraqulova
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Tuesday 04 August 2026 16:20:49 GMT
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An appellate judge considering the legality of Sean
An appellate judge considering the legality of Sean "Diddy" Combs' 50-month prison sentence said a new guideline from the U.S. Sentencing Commission essentially tells courts to "figure out" what acquitted conduct is. This exchange between Judge M. Miller Baker and Assistant U.S. Attorney Christy Slavik during oral argument in New York City yesterday (Thursday, April 9) captures the issue before Baker and his two colleagues on the 2nd Circuit U.S. Court of Appeals: Did U.S. District Judge Arun Subramanian wrongly increase Combs' prison sentence because of fraud and coercion that shouldn't have been considered because jurors acquitted Combs of sex trafficking by fraud, force or coercion? "The problem for the government is that there's a new guideline that says, 'figure it out,' that basically says, 'There is such a thing as acquitted conduct,'" Baker told Slavik. Baker said Judge Subramanian "I think, quite accurately" noted when sentencing Combs that "there is no such thing as acquitted conduct." "Juries don't acquit people of conduct. They acquit them of charges. They find that certain elements were not proven beyond a reasonable doubt. They don't find that someone's innocent," said Baker, a judge on the U.S. Court of International Trade who was designated to sit on 2nd Circuit panels. "But now the guidelines have been amended, so there is a thing called 'acquitted conduct.' We've got to figure it out. So the question is, 'How do we measure that?'" the judge continued. Baker said the only case law that says "an acquittal necessarily implies something is in our collateral estoppel branch of double jeopardy jurisprudence." He floated a hypothetical but soon admitted it was "spinning out of control." "I guess what I'm wondering is, if there were some hypothetical additional count that the jury had hung on here that required a finding of coercion with respect to one of the two victims, why you would not be collaterally estopped under the double jeopardy clause from retrying the defendant on that count?" Baker asked. Slavik said Combs "was not acquitted of coercion. He was acquitted of sex trafficking by force, fraud and coercion. The jury was never asked, 'Was there coercion?'" "Well, under that theory, there is no such thing as acquitted conduct. So you're kind of fighting the very principle of the guideline. You're saying that because there were three alternate elements, I think fraud, force or coercion, that because there are three alternate elements there. There is no acquitted conduct," Baker said. The judge asked Slavik "with respect to count two, what is the acquitted conduct?" referring to Combs' sex trafficking by force, fraud of coercion charge regarding Cassie Ventura. "So the commission thought very long and hard about this issue, clearly, and they declined to set any bright line rules," Slavik said. "Yeah, but here we are," Miller said. "Exactly," Slavik said. "So what's the government's view of what the acquitted conduct is underlying count two?" Miller asked. Slavik said Judge Subramanian's correctly assessed it, but Miller said the judge considered "overlapping conduct," not acquitted conduct. You can listen to the entire argument on my YouTube channel of Facebook page. #law #crime #diddy

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