Sean Combs’ legal team has requested his release from prison ahead of his October sentencing on prostitution charges.

The lawyers for the former music mogul and Sean John founder claimed that his continued confinement is “unwarranted.” He is being held at the Metropolitan Detention Center in Brooklyn, where he has been since his arrest in September.

Following a seven-week trial, the “I’ll Be Missing You” singer was found guilty of two counts of transportation to engage in prostitution. Each count could carry a prison sentence of up to 10 years. The 12-person jury found Combs not guilty of one count of racketeering, and two counts of sex trafficking. The prosecutors had argued that Combs ran a criminal enterprise with the help of his associates from at least 2004 to 2024. He denied all charges against him as well as any wrongdoing.

During the trial, jurors heard from Combs’ former girlfriend Cassie Ventura, a model and singer, and another ex-girlfriend, who testified anonymously. Both women testified that they had been forced to have drug-fueled sex with hired escorts for days on end.

Combs’ lawyers claimed that the Mann Act “has never been applied to facts similar to these to prosecute or incarcerate any other person.” Passed in 1910 and previously known as the White-Slave Traffic Act, the federal law “criminalizes the transportation of any woman or girl for the purpose of prostitution or debauchery, or for any immoral purpose.”

Sent on July 29, the 12-page request to Justice Arun Subramanian was signed by eight attorneys with the Agnifilo Intrater law firm. The filing claims, “There has literally never been a case like this one, where a person and his girlfriend arranged for adult men to have consensual sexual relations with the adult long-term girlfriend as part of a demonstrated ‘swingers’ lifestyle and has been prosecuted and incarcerated under the Mann Act.”

Media requests seeking comment about the release request to Ventura’s attorney Douglas Wigdor of Wigdor LLP were not immediately returned Tuesday.

Combs’ proposed bail package would include his signing a $50 million bond secured by his Miami home and co-signed by “three financially responsible people,” whose names were not identified. Combs would reside in Miami and limit travel to the southern district of Florida and the southern district of New York for attorney meetings. He would surrender his passport and be placed under the supervision of the U.S. Pretrial Services Agency, according to the filing.

In an attempt to “invalidate any claim that Mr. Combs poses a future danger,” the request notes how he had enrolled in a domestic violence program prior to his arrest and detention.

In order for the 55-year-old to be released, two conditions must be met: the district court must find by clear and convincing evidence that person is not likely to flee or pose a danger to the safety of any other person in the community if released. Secondly, it must be shown that there are exceptional reasons why such person’s detention would not be appropriate, according to the request.

The request also notes how across the country where the primary or sole conviction was for a violation of 18 U.S.C. 2421(a), the “defendants who were not charged with running a prostitution business have been released pending sentencing.“

The motion insists: “Sean Combs should not be in jail for this conduct” (page 3) and argues that the government’s approach “is inconsistent with Justice Department policy” (page 3), which historically prioritizes the prosecution of commercial profiteers, not individual customers in consensual settings.

The request cites how Combs “pursued a consensual lifestyle with two of his long-term girlfriends and obviously was not involved in making a profit from prostitution, which was not even alleged by the government.”

The filing stated, “In the lifestyle that he and other adults voluntarily chose, Mr. Combs would be called a swinger. But in the vocabulary of the Mann Act or of prostitution generally, he might — at worst — be somewhat analogous to a ‘John,’ someone who pays to have sex with a sex worker, in this case a male sex worker, more particularly a male sex worker who works for and is vetted by a well-known agency called Cowboys for Angels, or another similar agency or who works as a paid porn star in connection with movies. Sean Combs should not be in jail for this conduct. In fact, he may be the only person currently in a United States jail for being any sort of john, and certainly the only person in jail for hiring adult male escorts for him and his girlfriend, when he did not even have sex with the escort himself.”

Combs’ attorneys contended that over the past 75 years, “the White-Slave Traffic Act has been limited to defendants, who cause interstate travel for financial gain through the business of prostitution, as reflected in the cases brought under the statute as well as the explicit enforcement policies set out in the United States Attorney Manual, more recently called the Justice Manual.”