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Following a grueling New York federal trial that saw multiple witnesses describe Sean “Diddy” Combs as an alleged abuser who stopped at nothing to satisfy his desires, the fallen mogul was found guilty on Wednesday of two counts of transportation for the purpose of prostitution. Diddy was found not guilty on three of five counts — racketeering conspiracy and two counts of sex trafficking by force of fraud — which were the most serious charges against him. Diddy will remain in jail pending sentencing despite his attorneys’ efforts to free him. Here’s what we know about Diddy’s upcoming sentencing.
When will Diddy be sentenced?
Despite claims that Diddy’s sentencing is set for October 3, the judge did not set a firm date yet. In court on Wednesday afternoon, Judge Arun Subramanian proposed that date but also said he’d be “willing to expedite that date if the defense wishes.” Lead defense attorney Marc Agnifilo said he wanted sentencing “as soon as we can get it” and that the court already had “what it needs to sentence Mr. Combs.” Agnifilo said that because Subramanian sat through the trial, the judge already has a “wealth of information” to help him determine the appropriate sentence. Agnifilo said he wanted sentencing ASAP because he thinks that Diddy would likely get a lower sentence than others convicted of the same crime.
What will Diddy’s sentence be?
Nobody knows what Diddy’s sentence will be until Judge Subramanian sentences him.
What kind of time is Diddy facing?
The sentence for a single transportation count ranges from zero to ten years. If Subramanian wanted to throw the book at Diddy, he could sentence him to ten years per count, served consecutively, but judges rarely impose consecutive sentences; the likelihood of Diddy getting 20 years is virtually nil. Subramanian also said that Diddy would get credit for the ten months he’s already been locked up, so whatever sentence is imposed would likely have that time shaved off. Additionally, Diddy can receive credit for good behavior in prison; if he’s a model prisoner, he’ll potentially walk free even sooner.
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Judges also consider what’s called the “guidelines range” for a defendant found guilty. Sentences are not “one size fits all” for the same charge because circumstances surrounding the crime, as well as a defendant’s history, vary. The “guidelines range” is determined by an analysis of these factors. Diddy’s defense believes that an appropriate guidelines range for him would be 21 to 27 months behind bars. Prosecutors believe an applicable guidelines range would be 51 to 63 months.
What will determine the sentence?
The probation department will conduct a presentence investigation. During that investigation, a probation officer “conducts an extensive interview with the defendant to discuss the individual’s history and background, including childhood experiences, family factors, education, employment, criminal history, finances, physical and mental health, and alcohol or drug use,” according to the federal courts website. “During this stage, the officer also gathers documentation that can provide useful information for the court, such as court and school records, military service and employment records, and documents related to the defendant’s finances and medical and employment history. The officer also conducts a thorough review of the criminal offense, including interviews with law enforcement officers and victims.” The probation officer makes a report with this info, also weighing the guidelines, and then makes a recommendation.
Diddy’s defense will submit paperwork explaining what it thinks an appropriate sentence would be two weeks prior to his sentencing. Defense sentencing submissions include legal arguments as well as whatever mitigating factors the team thinks are appropriate, such as the positive things a defendant did before they were charged. Real Housewives cast member Jen Shah’s plea for leniency, for example, claimed that she had used her celebrity status to uplift marginalized voices before breaking bad. After Diddy’s team submits its submission, prosecutors file theirs one week before sentencing. They too will refer to legal arguments, citing similar cases, as well as factors they believe should be considered, such as the time span of the alleged crimes.
The defense can include letters from Diddy’s family and supporters in its submission. Victims can submit written impact statements and speak at sentencing.
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