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They also said their initial calculations that federal
sentencing guidelines would call for a prison term of at least
four to five years at his Oct. 3 sentencing was substantially
less than what the guidelines will actually recommend.
The government's written submission to a Manhattan federal court
judge was filed late Thursday after a defense lawyer two days
earlier made a renewed $50 million bail request for Combs,
saying the founder of Bad Boy Records deserves to be free while
awaiting his October sentencing.
Combs, 55, was acquitted of racketeering conspiracy and sex
trafficking charges carrying the potential for life in prison
but was convicted of two counts of transportation to engage in
prostitution for arranging transportation for girlfriends and
male sex workers to engage in sexual encounters that he filmed.
On the day of the verdict, prosecutors won a bail fight after
defense lawyer Marc Agnifilo argued that Combs should be freed
immediately on bail.
Judge Arun Subramanian denied bail, saying Combs had not met the
burden of showing by clear and convincing evidence a “lack of
danger to any person or the community.” But he said Agnifilo
could renew the request.
In doing so Tuesday, Agnifilo cited other cases he said were
comparable to Combs' conviction in which defendants were granted
bail. And he cited severe conditions at the Metropolitan
Detention Center in Brooklyn, where Combs has been held since
his September arrest at a New York hotel.
Prosecutors, though, said conditions at the federal lockup had
improved considerably before Combs was arrested. A federal judge
in January 2024 had blasted conditions at the jail, including
its extensive lockdowns and inadequate medical care.
Prosecutors said cases cited by Agnifilo in which other
defendants received bail were not comparable to the crimes Combs
was convicted of carrying out.
“The defendant’s detention pending sentencing is mandatory,
there are no exceptional circumstances justifying his release,
and even if there were, the defendant cannot demonstrate by
clear and convincing evidence that he is not a danger the
community,” prosecutors wrote.
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