Hunter Biden drops request for new federal gun trial

Lawyers for the president's son previously requested a new trial based on the argument that the Delaware court that convicted Hunter Biden didn't have jurisdiction.
Hunter Biden
Posted at 3:00 PM, Jul 09, 2024

Attorneys for Hunter Biden have withdrawn their request for a new trial in his federal gun case after seemingly misunderstanding a jurisdiction practice, according to a Tuesday court filing.

A Delaware jury unanimously found the president's son guilty on June 11 of the three felony charges he faced for lying about his drug use on a 2018 federal gun-purchase form. According to the charges, Biden would not have been allowed to purchase the gun if he had disclosed his drug use.

In a motion filed June 24, Biden's lawyers did not argue the merits of the case but rather claimed their client's "convictions should be vacated" because the court was "divested of jurisdiction" due to a judge having yet to issue a formal mandate denying one of Biden's federal appeals.

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Then on Monday, federal prosecutors said in a court filing that Biden's motion was "meritless" and "based on his apparent misunderstanding of appellate practice." They also said the attorneys' argument constituted a "laughable tale of the mystery of the missing mandates."

Biden's counsel acknowledged in their filing Tuesday that the court issued a "certified order 'in lieu' of" a formal mandate, which negates their argument.

A sentencing date has yet to be announced in Biden's case. He faces a maximum of 25 years in prison but will likely face up to 21 months as he is a first-time offender, per federal sentencing guidelines.

He's set to go on trial for federal tax charges in September.