FILE – Sean Combs arrives at the Pre-Grammy Gala And Salute To Industry Icons at the Beverly Hilton Hotel on Saturday, Jan. 25, 2020, in Beverly Hills, Calif. (Photo by Mark Von Holden/Invision/AP, File) 
Sean “Diddy” Combs is set to return to court on Thursday for a hearing that could help decide how long he will stay in prison. Judge Arun Subramanian plans to listen to arguments from lawyers on points of law that could help him decide a sentence for the Bad Boy Records founder, who was convicted of prostitution-related charges in July. Combs, 55, will have been jailed for nearly 13 months when he is sentenced Oct. 3.
What his lawyers are arguing
His lawyers argued in court papers submitted this week that he should be sentenced to no more than 14 months in prison. With credit for good behaviour, that would mean he would be released immediately. Prosecutors have suggested that they believe he should spend at least several more years behind bars, although they haven’t submitted their sentencing recommendations to the judge yet.
Why charges should not apply
Defence attorneys are set to ask Judge Arun Subramanian to dismiss the charge, arguing it should not apply to Sean “Diddy” Combs. According to a report on ABCnews, they contend that his intent was voyeurism rather than profit, and that the male escorts involved travelled voluntarily to take part in “freak-offs” with Cassie Ventura or a woman who testified under the pseudonym “Jane.”“To our knowledge, Mr. Combs is the only person ever convicted of violating the statute for conduct anything like this,” defense attorneys said in a written filing ahead of oral argument. “The proof at trial showed that he typically hired the services of male escorts or dancers advertised openly through lawful businesses, that the men were paid for their time, and that they enjoyed the activities and had friendships with Ms. Ventura and Jane and were not merely traveling to have sex for money.”The filing further claims that Combs’ actions were not criminal but instead protected under the First Amendment.“The freak-offs and hotel nights were performances that he or his girlfriends typically videotaped so they could watch them later. In other words, he was producing amateur pornography for later private viewing,” the defense wrote.
Judge refused to grant bail twice
The judge has signalled that he, too, is leaning toward a substantial amount of prison time, twice refusing to grant bail since the jury returned its verdict, citing Combs’ history of violence.
Charges against Diddy
Combs was acquitted of racketeering conspiracy and sex trafficking charges that could have led to a life sentence, but convicted of arranging interstate travel for people engaged in prostitution. Prosecutors said he arranged for paid sexual encounters between male sex workers and his girlfriends, some of whom testified about being beaten, kicked and choked by Combs.
