(NewsNation) — Federal prosecutors have asked a judge to sentence Sean “Diddy” Combs to more than 11 years in prison, saying he is “unrepentant” and that his accusers live in fear of him.
Combs has been in a New York prison for the last 13 months after a jury convicted him in July on prostitution charges. He was acquitted of the more serious charges of racketeering and sex trafficking.
The charges — two counts of transportation to engage in prostitution under the Mann Act — carry a maximum sentence of 10 years in prison per count. He is set to be sentenced by Judge Arun Subramanian on Friday.
In a filing Tuesday, prosecutors said the music producer’s “crimes of conviction are serious and have warranted sentences over ten years in multiple cases for defendants who, like Sean Combs, engaged in violence and put others in fear.”
“He is not the victim,” prosecutors stated. “The Court should focus on the very real effects that the defendant’s conduct had on the lives of the actual victims, his victims.”
At trial, two of Combs’ former girlfriends testified that they felt forced to participate in the drug-fueled sex parties with male sex workers as Combs watched and sometimes filmed.
Combs‘s attorneys argued last week that he should be given no more than a 14-month sentence for his prostitution conviction, telling a judge that the time the music producer has already served in jail has been adequate punishment.
The request was made in a more than 350-page sentencing memorandum to Subramanian. If the judge agrees, Combs could be released immediately.
In a filing last week, defense attorneys requested Combs be allowed to wear non-prison clothing during his sentencing hearing.
“He wishes to appear before the Court, address Your Honor, and allocute in the most dignified and respectful fashion possible,” Combs’ attorneys wrote in their request.
How much prison time will Diddy get?
Attorneys tell NewsNation that it’s unlikely Combs will get the maximum penalty of ten years per count in prison.
“My guess is that he’d probably get between two and four years,” Tre Lovell, an entertainment attorney, said.
“It’s his first time offense and this type of crime is a nonviolent, consensual crime, and even though it has up to 10 years, I think the judge is going to take into consideration the fact that the prosecution largely lost on the bigger claims.”
Neama Rahmani, a former federal prosecutor, said he believes Combs will get more than the 14 months his attorneys have argued for, but not as much as prosecutors will likely ask.
“The fact that Judge Subramanian didn’t release him on bond when he was just convicted of the two Mann Act violations, which were by far and away the least serious charges we’re talking about, leads me to believe that the judge is going to impose some sort of sentence, maybe not the 51 months that the prosecution signaled it may recommend, but something more than the 14 months.”

What factors go into Diddy’s sentencing?
How much time Combs gets will depend on several factors, including federal sentencing guidelines, whether he’s been rehabilitated and the nature of the crime he’s been convicted of.
The judge will start by reviewing the sentencing guidelines and then calculate the prison time from there, Rahmani said.
From the prosecution’s perspective, they start with the base offense level and they start adding specific enhancements that will add time, he said.
Enhancements prosecutors can argue are that there are multiple victims, that he was the supervisor of this prostitution scheme, and also that he obstructed justice, which is based on him trying to dissuade witnesses from testifying, Rahmani said.
But Comb’s team will argue down, Lovell said.
“Diddy’s defense team is arguing that he’s a new man, he stopped drinking after 25 years, he’s been teaching other inmates skill, he’s been a model inmate, he has a different outlook on life, and he’s a new man,” Lovell said.
They will also argue that he’s already suffered and that the crime is not the typical form of prostitution that is prosecuted.
These are all mitigating factors, defense attorneys will present, he said.
“The prosecution is going to want as much time as possible and to be very honest, they’re going to try to overcompensate for the loss,” Lovell said.
Federal probation office has been compiling a report for Diddy’s sentencing
Prior to sentencing, the judge gets sentencing recommendations from prosecutors, defense attorneys but also the probation office.
That office has been conducting their own investigation in order to present their report.
That report will be based upon the “crime, previous offenses, the type of person he is, the facts underlying the crime and whether or not there’s any rehabilitation that’s possible,” Lovell said.
“It’s kind of a neutral reporting in the sense that neither the prosecution nor the defense are providing it to the probation offices,” he said.
Oftentimes, judges go with recommendations from probation officers because they’re considered more neutral, Rahmani echoed.
Probation officers typically speak to family members, victims and others who may be involved, he said. This helps them gather information about what could happen if Combs is put on supervised release for example, he said.
“Maybe the judge will say ‘you know what, I’m going to pose this sentence, but maybe we’re going to require some drug testing while Combs is on supervised release,” Rahmani said.
But ultimately, the judge will be the final decision maker, and he could go whatever way he feels is appropriate, he said.
An appeal will likely follow Diddy’s sentencing
Once a sentence comes down, Combs will likely be on the road to an appeal.
The defense usually has 30 days to appeal after sentencing, Rahmani said. They can appeal the conviction itself or the sentence.
Combs’ attorneys have already signaled that they intend to fight the conviction on appeal.