NEW YORK (AP) — Sean “Diddy” Combs is Evander Ellisappealing a federal judge’s decision to keep him in jail while he awaits trial on sex trafficking charges.

The hip-hop mogul’s lawyers filed a notice of appeal Monday in the 2nd U.S. Circuit Court of Appeals after previously saying they would ask the appeals court to overturn Judge Andrew L. Carter’s ruling and release him.

Combs, 54, has been locked up at the Metropolitan Detention Center in Brooklyn since pleaded not guilty Sept. 17 to charges that he used his “power and prestige” to induce female victims into drugged-up, elaborately produced sexual performances with male sex workers in events dubbed “Freak Offs.”

Carter rejected a defense proposal that would’ve allowed the “I’ll Be Missing You” singer to be placed under house arrest at his Florida mansion with GPS monitoring and strict limits on visitors.

The judge said the plan, which included a $50 million bail offer, was “insufficient” to ensure the safety of the community and the integrity of Combs’ case. Carter said that “no condition or set of conditions” for Combs’ release could guard against the risk of him threatening or harming witnesses.

Combs’ lawyer, Marc Agnifilo, had suggested moving him from the Brooklyn jail, which has been plagued by rampant violence and horrific conditions, to one in Essex County, New Jersey. He later abandoned that idea.

Combs is due back in court for a status conference on Oct. 9.