Disgraced rapper and music mogul Sean “Diddy” Combs could be facing a lengthy prison sentence following his partial conviction on federal charges, according to a prominent defense attorney.
Combs remains in federal custody despite being acquitted on the most serious charge in his federal case.
While he avoided conviction on racketeering, a charge that carried a potential life sentence, Diddy was found guilty on two counts of transporting individuals to engage in prostitution and now faces a sentencing hearing scheduled for October 3.
Legal experts say the decision by U.S. District Judge Arun Subramanian to deny bail may indicate more trouble ahead for the embattled entertainer.
“This is going to be a call that only one person is going to make,” Robert Shapiro, a prominent criminal defense attorney known for representing O.J. Simpson, told Fox News.
Shapiro suggested federal sentencing guidelines would place Diddy’s likely prison term between 2.5 and 3.5 years, based on the convictions and assuming he has no prior criminal history.
“But, having said that and having seen that this judge did not release him on bail, I think a message may be coming that you’re going to be spending a lot more time,” Shapiro added.
One potential influence on Judge Subramanian’s decision is a 2016 surveillance video showing Combs physically assaulting then-girlfriend Cassie Ventura.
The judge cited the video in his denial of bail.
“If the judge looks at that tape in his mind and is reminded about it again,” Shapiro warned.
“I think there is a real chance that a substantial sentence will be forthcoming.”
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The statutory maximum for Combs’s two convictions is 20 years, ten years per count.
However, prosecutors are reportedly asking for a sentence between four and five years.
Celebrity defense attorney David Chesnoff, who has represented high-profile clients including Paris Hilton and Bruno Mars, told Fox that the judge is not strictly bound by the sentencing guidelines.
“The guidelines in this case, based on what he got convicted of and the lack of criminal history, would lead you to think that it could be a rather low sentence,” Chesnoff explained.
“And considering the amount of time he’s been in, he’d be out quickly, but on the other hand, the judge is allowed to do what’s called a variance — when the guidelines don’t take into account factors that the judge is allowed to consider.”
“I got the sense from this judge that he feels that [Diddy is] deserving of punishment, otherwise he wouldn’t have kept him in,” Chesnoff added.
“So it’s hard to speculate.
“The maximum sentence is 10 and 10. That’s very unlikely.
“But do I think that he’ll get somewhere above what the defense wants and lower than what the government wants?
“I think he’ll split the baby.”
Following the verdict, Combs’s attorney Marc Agnifilo vowed to continue fighting until his client is released.
“We are not nearly done fighting. We are just getting started,” Agnifilo said outside the courthouse Wednesday.
“To win this and to defeat the prosecutors from the Southern District of New York takes effort from beginning to end.
“Today was a major, major step in the right direction.
“But we fight on and we’re going to win, and we’re not going to stop until he walks out of prison a free man to his family.”
Judge Subramanian’s reasoning for denying bail further underscores the uphill battle Diddy’s legal team now faces.
The judge cited the artist’s own admissions of violence in past relationships and raised concerns about the safety of others should Combs be released pending sentencing.
According to the court, there would be “no way to guarantee the safety of others” if the musician were allowed out of federal custody.
With months to go until sentencing, Diddy’s future hangs in the balance, and legal observers say the courtroom fight may only be beginning.
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