The next step in Sean “Diddy” Combs’ criminal case is a battle over how much prison time he should face — and that could range anywhere from 15 months to five years, depending on what the judge rules.
Lawyers for Combs, 55, and prosecutors are deeply divided on the length of punishment the rap mogul should face — known as federal sentencing guidelines — following his conviction on two prostitution counts Wednesday.
The defense believes the guidelines fall between 15 and 21 months — which could end up amounting to no additional jail time, as Combs has been locked up since his September 2024 arrest.
But prosecutors, who stunningly failed in convicting the Bad Boy Records founder of more serious sex-trafficking charges which could’ve put him away for life, said the guidelines should be set to at least between four and five years.
Judges do not have to follow the federal sentencing guidelines, but Manhattan federal Judge Arun Subramanian isn’t likely to go off book, said former federal prosecutor Neama Rahmani — who accurately predicted Combs’ mixed verdict outcome a day prior.
“There is going to be a whole fight over the sentencing guidelines and what enhancements apply,” Rahmani said, referring to circumstances that could up a defendant’s prison term.
But Rahmani said whatever he decides, Subramanian isn’t likely to stray outside the guidelines.
“This judge doesn’t have a ton of criminal experience,” Rahmani said, noting Subramanian previously oversaw civil cases. “He’s not going to deviate from the guidelines.”
Rahmani guessed the judge is likely to sentence Combs in the middle-to-low range of those recommendations.
Defense attorney David Schwartz had a much different take, predicting Combs would be sentenced to five years behind bars because of “all the bad conduct” that came out at trial.
Combs “was basically convicted for prostitution, the lowest level count in the indictment,” Schwartz said. “A sentence should be commensurate with the crime he is convicted for, so my prediction is a sentence, when weighing all the factors, would be 60 months in prison.”
“That would be a sentence taking all the bad conduct into account,” Schwartz added.
The two prostitution counts Combs was convicted of carry a maximum of 10 years apiece — meaning he could in theory face up to 20 years’ imprisonment.
Between now and Combs’ day of reckoning, the probation department will write up a report for what they believe the guidelines should be. Then the lawyers will haggle over it and the judge will ultimately get the final say on the guidelines.
The feds argued the number of prostitutes Combs flew around the country — seven — and the fact he allegedly tried to cover up his crimes employing bribery and obstruction, warrant an increase in the guideline sentence he faces.
The judge proposed an October date for sentencing but Combs lawyer Marc Agnifilo said the music tycoon wanted to find out his fate as soon as possible. Subramanian noted the probation department needs time to prepare the sentencing report.
A hearing has been set for Tuesday to nail down the sentencing date and Subramanian has ordered Combs to remain in jail until sentencing.
Rahmani said he was shocked by the judge’s decision to keep Combs behind bars since prostitution charges are not serious offenses.
That Subramanian denied Combs’ latest request for bail “leads me to believe that Subramanian is not happy with the verdict,” Rahmani said.
Combs was on trial for nearly two months for allegedly forcing ex-girlfriends Cassie Ventura and “Jane” — who testified anonymously — to have sex with male escorts during days-long, drugged-up and lubed-up “freak-offs.”
