(NewsNation) — There is a possibility Sean “Diddy” Combs could be immediately released from behind bars, according to an attorney who previously represented him.

Combs is seeking his freedom as lawyers for the disgraced hip-hop mogul urged a federal appeals court in New York late Tuesday to order his immediate release from prison and reverse his conviction on prostitution-related charges or direct his trial judge to lighten his four-year sentence.

The lawyers said in a filing with the 2nd U.S. Circuit Court of Appeals in Manhattan that Combs was treated harshly at sentencing by a federal judge who let evidence surrounding charges he was acquitted of unjustly influence the punishment.

Lawyers for Combs said Judge Arun Subramanian acted like a “thirteenth juror” in October when he sentenced Combs to four years and two months in prison. They said he erred by letting evidence surrounding the acquitted charges influence the sentence he imposed, noting Combs was convicted of two lesser counts, prostitution offenses that didn’t require force, fraud, or coercion.

They asked the appeals court, which has not yet heard oral arguments, to acquit Combs, order his immediate release from prison, or direct Subramanian to reduce his sentence.

“I think there’s a potential there,” criminal defense attorney Mark Geragos said of Diddy’s potential for immediate release.

“Remember, when he was convicted of these two Mann Act violations … he won against the counts that carried a mandatory life sentence and would have basically forfeited his entire fortune. So, he rolled the dice and won, and then he was enhanced in his sentence by the very conduct he was acquitted of.

“I think that’s fundamentally unfair. In fact, we want to talk about fairness. I think the prosecution should be penalized for overcharging him in the first place, and he should have been immediately released. That’s just me. I have great affection, and I think that’s the just result.”