Out of Options: Diddy Denied Request for New Trial or Acquittal

The judge has spoken and there will be no acquittal or new trial for Sean “Diddy” Combs — effectively locking in his Oct. 3 sentencing.

U.S. District Judge Arun Subramanian handed down his decision late Tuesday, Sept. 30, saying the Bad Boy Records founder’s request to vacate his two prostitution-related convictions was “denied.”

At a hearing on Thursday, Sept. 25, the music mogul’s legal team argued that the Mann Act — which prohibits transporting people across state lines for prostitution — did not apply to their client.

The reason? The defense said Combs did not benefit financially from watching his ex-girlfriends — Casandra “Cassie” Ventura and a woman using the pseudonym “Jane” — have intercourse with male escorts, while the mogul watched and recorded.

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Instead, the defense told the judge Combs was a “consumer of amateur” adult entertainment.

“We are talking about adults having a threesome,” said defense attorney Alexandra Shapiro.

However, Judge Subramanian rejected those arguments in his 16-page ruling, obtained by Urban Hollywood 411.

“Combs argues that… his conviction violates his First Amendment rights. That argument fails for two reasons,” the judge wrote.

“First, Combs’s conduct is not protected by the First Amendment,” Subramanian stated. “Evidence at trial showed that when Combs filmed he didn’t typically give notice ahead of time or ask for consent, as a film producer would.”

The judge also noted that the mogul’s so-called “freak offs” were held for Combs’ own “gratification” as he pleasured himself while watching.

“In fact, he sometimes participated… The evidence showed that Combs ‘and the escort would both … have intercourse’ with Ventura at the same time,” the judge wrote.

“Second, even if Combs’s conduct falls under the First Amendment’s protection, his conviction doesn’t violate it,” Subramanian added.

The judge said prosecutors proved their case and the convictions would stand.

“The government at trial presented overwhelming evidence of Combs’s guilt under the Mann Act on many occasions with respect to both Ventura and Jane. That evidence consisted of testimony from Ventura and Jane, testimony from the escorts involved, and evidence from text messages and emails. The government proved its case many times over,” Subramanian wrote.

He also brushed aside a defense claim that the jury exhibited “prejudice” against the superstar defendant. The judge said the argument did not stand because jurors acquitted Combs of the three most serious trafficking and racketeering charges, which could have brought a life sentence.

“Had the prejudice indeed been so great, one would expect a jury to convict on the most relevant counts before it could spill over and infect the others. A new trial is not warranted,” the judge wrote.

Late last night, prosecutors submitted a sentencing memorandum recommending the mogul get 135 months — or 11 years and 3 months in federal prison. The defense has argued for time served, since Combs jailed from the day of his arrest in September 2024.

Combs, a self-made billionaire producer, rapper, and entrepreneur was once held up as a shining example of Black excellence and business acumen. He’ll be sentenced on Friday, Oct. 3, and could spend more than decade in federal prison.