As you know, Kodak's locked up in a maximum-security federal prison in Kentucky, but Cohen says it's not warranted ... he claims the Bureau of Prisons "erroneously" viewed Kodak as level 4 criminal history, paving the way for Kodak to be housed in a maximum-security facility. Cohen claims the judge only put Kodak at a level 2, which means he could be housed at a lower security prison.

Kodak's attorney's also argue he's being unfairly punished for assaulting a prison guard in Miami ... repeating their earlier claim that Kodak was set up and possibly drugged.

KB's legal team also claims he was punished twice for the incident with the guard in Miami ... Cohen says Kodak was only supposed to get a 6-month sentence, but instead ended up with year-long punishment, which has kept him in total lockdown since last September, resulting in no phone calls or visits from anyone but his attorneys.

Trump's also being asked to consider abuse Kodak's allegedly suffering in prison -- beatings at the hands of guards, religious suppression and mental abuse.