Sean Combs Convicted Under Mann Act in Federal Court – Could He Receive a Time Served Sentence – What are his sentencing guidelines? 

Sean Combs was convicted under the MANN Act after a 6-week Trial in New York Federal Court. Combs (aka P. Diddy) was convicted on 2 Counts of a 4 Count Federal Indictment. Combs was acquitted on the more serious Counts of racketeering and sex trafficking by force, fraud or coercion. He was convicted on Counts pertaining to the transportation to engage in prostitution which are far less serious.

What is Racketeering?

Mr. Combs was acquitted on the racketeering charge so the prosecution can not argue that he used his enterprise or business to engage in unlawful conduct specifically persistent and persuasive abuse towards women and other individuals.

Racketeering is a pattern of illegal activity conducted for financial gain which is often hidden by legitimate businesses. It involves the coordination of multiple individuals to profit through illegal activity like fraud, extortion, bribery, threats, and violence.

What is the Mann Act?

Combs was convicted under the MANN Act which is also known as the White-Slave Traffic Act. This is a federal law that prohibits the interstate or foreign transportation of individuals for the purpose of prostitution or any other immoral purpose. It was created in 1910 to target white slavery also known as forced prostitution but has been used in the recent past very broadly to target the sexual exploitation of minors under the immoral purpose section of it.

Despite the conviction, why was it still a win for the Defense! 

While Mr. Combs does face potential jail time at sentencing following the conviction on these 2 Counts, he could have faced decades if not life in prison if convicted on the racketeering and sex trafficking charges. He has been in custody since his arrest on September 16, 2024, and he therefore has approximately 10 months of time credit towards any potential sentence. In addition, his attorneys can file post-sentence motions with the Court that could allow Mr. Combs to remain on bail pending the outcome of his appeal, which could take at least another year.

Federal Sentencing Guidelines

This case presents an opportunity to explain Federal sentencing guidelines as they pertain to persons who are convicted of crimes. Federal Judges, like State Judges, are not bound by statute to impose a specific sentence with the exception to crimes that carry mandatory minimum prison sentences or mandatory parole ineligibility terms.

 Mr. Combs however was not convicted of any crime which requires mandatory sentence or parole ineligibility. Judge Arun Subramanian has a great deal of discretion as sentencing. This Judge is fairly new and was appointed by President Biden in 2023. He is not a former prosecutor or defense attorney and practiced commercial litigation at a large firm in New York prior to his Federal appointment.

What are Sean Combs’ Sentencing Guidelines

It is unclear at this point Combs’ sentencing guidelines. He was convicted under Title 18 US Code 2421 for the illegal transportation of persons across State lines to engage in prostitution. The maximum term of imprisonment for this crime is 10 years but it is very unlikely that Combs will face any type of sentence in that range.

Transportation for the purposes of prostitution has a base Federal sentencing guideline number of 14 which would subject Mr. Combs to a prison sentence of 15 to 21 months on each Count. The offense guideline number however can increase 4 levels to an 18, which would subject Mr. Combs to a guideline sentence of 27 to 33 months on each Count.

It will take approximately 8 to 10 weeks for the Court to receive a pre-sentence investigation report. The defense and prosecution will have an opportunity to draft and file sentencing memorandums with the Court. The prosecution will attempt to argue aggravation. They will attempt to persuade the Judge to sentence Mr. Combs to consecutive terms at least in the guideline range and likely above it.

The defense, however, will present mitigation likely in the form of Mr. Combs’ no prior criminal history. In addition, the defense will likely present a number of mitigation witnesses who will testify as to Mr. Combs, otherwise law-abiding life up until this point.  The defense will likely ask the judge for a concurrent sentence which result in a time served sentence.  He would receive at least 13 months of time credit toward any sentence since the Judge denied him bail pending sentencing.  

What Type of Sentence Could Combs Receive from the Judge?

The Combs case, while a conviction, is definitely considered a win for his defense team. While he still may face some jail time there is a strong possibility that he will receive a time served sentence or some sentence that will not require him to serve any additional jail time, but only supervised release (probation) and fines. The Judge is not bound by the guidelines at he is only require to consider them in this case.   

Why you must understand sentencing guidelines even if you are going to trial in your criminal case? 

Why You Must Understand Sentencing Guidelines?

If you’re charged with a crime, your criminal defense lawyer must review the guidelines with you to properly advise you on your options in your case. The guidelines should not be utilized simply during post-Trial but rather to determine the strength of a plea offer, assist in plea negotiations and weigh the consequences if the individual is convicted following a Trial as opposed to accepting a plea.  

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