On April 9, 2026, Shapiro Arato Bach’s Alexandra Shapiro argued Sean Combs’s high-profile criminal appeal before a panel of three judges from the U.S. Court of Appeals for the Second Circuit.
Combs’s appeal followed a two-month trial in the Southern District of New York resulting in acquittals on the two sex trafficking counts and one RICO conspiracy count—i.e., the three most serious charges. Combs was convicted only of two lesser charges of transportation for purposes of “prostitution” under the Mann Act. Notwithstanding the favorable verdict, the district judge sentenced Combs to 50 months’ imprisonment.
Combs’s principal argument on appeal is that his sentence violated the sentencing guidelines and constitution, and was fundamentally unfair and unjust because the sentencing judge relied heavily relied on acquitted conduct—by finding facts that conflicted with the jury’s rejection of the RICO conspiracy and sex trafficking charges of which Combs was acquitted at trial. Two sets of amici (the National Association of Criminal Defense Lawyers and several criminal and sentencing law professors) filed briefs supporting Combs’s arguments on acquitted conduct.
The two-hour oral argument focused on the acquitted conduct guidelines issues. Shapiro argued that the district judge misinterpreted the acquitted conduct guideline to permit consideration of acquitted conduct. Shapiro also argued that the court erroneously imposed both a four-point “coercion” enhancement, which conflicted with the jury’s acquittals on the sex-trafficking counts; and a four-point “leadership” enhancement, which conflicted with the jury’s acquittal on the RICO conspiracy count. Shapiro further pointed out that Combs’s sentence was the highest ever imposed for similarly situated Mann Act defendants.
The panel of three judges consisted of Second Circuit Judges William J. Nardini, Sarah A. L. Merriam, and Court of International Trade Judge M. Miller Baker sitting by designation. The panel reserved decision. Audio of the oral argument can be found here.
The oral argument was covered by numerous media outlets, including CNN, the Associated Press, Business Insider, Los Angeles Magazine, and Law360.
Combs’s briefs on appeal were drafted by Shapiro, Theodore Sampsell-Jones, and Christopher Johnson.