Lawyers for Sean Combs will ask a US appeals court on Thursday to overturn his conviction and 50-month prison sentence, arguing that the trial judge improperly relied on evidence linked to charges on which the music mogul was acquitted.

Combs is currently serving his sentence at a federal prison in Fort Dix, New Jersey, with a scheduled release date in 2028, according to Bureau of Prisons records.

Conviction stemmed from prostitution-related charges

A jury in Manhattan federal court convicted Combs last year on two counts of transportation to engage in prostitution following a seven-week trial.

Prosecutors said the case involved drug-fueled sexual encounters between Combs and two former girlfriends and male escorts.

He was acquitted of more serious charges, including sex trafficking and racketeering.

Defence challenges use of acquitted conduct

At the center of Thursday’s appeal is whether the sentencing judge improperly considered conduct related to the acquitted charges when imposing a 50-month prison term.

Combs’ lawyer Alexandra Shapiro is expected to argue that evidence of alleged threats against former partners should not have influenced sentencing on the prostitution convictions.

The defense contends that Combs did not participate in the sexual acts himself and argues the conviction should be overturned.

Prosecution defends sentencing decision

Federal prosecutors maintain that the trial judge was entitled to consider evidence of alleged threats and abusive behavior when determining the sentence.

They argue that the conduct was relevant to how the prostitution offences were carried out and should not be excluded from consideration.

Dispute over nature of relationships and conduct

Combs has acknowledged past abuse of former girlfriends but maintains that domestic violence incidents were separate from the sexual encounters at the center of the case, which he has described as consensual.

Prosecutors, however, argue that the abuse formed part of the broader context of the offences.

Appeal decision could reshape outcome

The US Court of Appeals for the 2nd Circuit will now consider whether to uphold the conviction and sentence or grant relief to Combs, potentially altering the outcome of one of the most high-profile criminal cases involving a major entertainment figure in recent years.