Federal prosecutors said Thursday that Sean "Diddy" Combs could face a "substantially higher" prison sentence than initially expected following his conviction on two prostitution-related charges, and strongly opposed his request for $50 million bail ahead of his October 3 sentencing.
In a court filing submitted to the U.S. District Court in Manhattan, prosecutors reversed their earlier estimation that federal sentencing guidelines would call for a four-to-five-year sentence. They now contend the range "will be substantially higher," citing undisclosed factors, and warned that the increased risk of flight demands Combs remain behind bars.
Combs, 55, was acquitted in early July of racketeering conspiracy and sex trafficking charges that carried potential life sentences but was convicted of two counts of transportation to engage in prostitution. Each count carries a maximum penalty of 10 years. The convictions stemmed from Combs arranging for his girlfriends and male sex workers to travel for sexual encounters, which he allegedly filmed.
Defense attorney Marc Agnifilo has argued that Combs should be released pending sentencing, pointing to conditions at Brooklyn's Metropolitan Detention Center, where the music executive has been held since his September 2024 arrest. He cited similar cases where bail was granted and asserted that Combs' participation in a "swingers" lifestyle is being unfairly targeted.
"Sean Combs will not be violent to anyone," Agnifilo wrote in the renewed bail motion. "This jury gave him his life back, and he will not squander his second chance at life, nor would he do anything to further jeopardize his seven children not having a father."
The government pushed back, stating the defendant failed to demonstrate any "exceptional circumstances" that would justify release before sentencing, a requirement under the statute given the nature of his conviction.
"The defendant's extensive history of violence - and his continued attempt to minimize his recent violent conduct - demonstrates his dangerousness and that he is not amendable to supervision," prosecutors wrote. "The defendant utterly fails to establish by clear and convincing evidence, as required, that he does not pose a danger to the community."
U.S. District Judge Arun Subramanian previously denied bail following the verdict, concluding that Combs had not met the burden to prove he posed no danger. The judge permitted a renewed request, which the defense filed Tuesday.
Prosecutors also rejected arguments about poor jail conditions, asserting that circumstances at the Metropolitan Detention Center had "improved considerably" prior to Combs' arrival. In January 2024, a federal judge criticized the facility for harsh lockdowns and inadequate medical care, but officials now claim reforms have addressed many of those issues.
Combs' legal team has maintained that the appropriate sentencing range is 21 to 27 months, significantly lower than what the government now suggests.
