CNN’s Elie Honig explains how Diddy could still get hammered at sentencing despite beating major charges

CNN senior legal analyst Elie Honig explained on Wednesday how Sean “Diddy” Combs could still face a harsh sentence, despite being found not guilty of racketeering conspiracy (RICO).

The jury found Combs not guilty of racketeering conspiracy and two counts of sex trafficking, but convicted him on two counts of transportation to engage in prostitution. Honig said on “The Situation Room” that the judge can still weigh the underlying conduct Combs was acquitted of, including allegations involving violence, drugs, and firearms.

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“This, I think, will come as a surprise to a lot of people: a judge, a federal judge, can consider acquitted conduct at sentencing,” Honig said. “Even if a person has been found not guilty of certain conduct, when it comes time for sentencing — usually about three months from now — if the judge wants — it doesn’t seem this judge has inclined that way — but the judge can say, ‘Okay, I know you were only convicted of interstate prostitution. However, there was evidence in this case of physical violence, there was evidence in this case of drug use, evidence of gun charges.’”

“Now, all that was part of the RICO charge, which resulted in a not guilty verdict, but the judge — this is, actually, some argue, I think, fairly — unfair to defendants — the judge can still go back and consider that stuff and set a higher sentence as a result,” he continued.

The prosecution argued that Diddy abused his authority and influence to create a sex trafficking enterprise, calling 34 female witnesses to the stand, including his former girlfriend Cassie Ventura. Ventura testified that she was drugged and forced to engage in “freak off” parties Combs hosted.

A video shown in court showed Combs physically abusing Ventura in a hotel lobby in March 2016.

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