Hunter Biden requests new gun trial after conviction

Hunter Biden, the son of President Biden, requested a new trial on federal gun charges Monday over a procedural matter.

The president’s son was convicted earlier this month for lying about using illicit drugs when applying to purchase a gun six years ago and unlawfully possessing it thereafter.

In court filings Monday, Hunter Biden attorney Abbe Lowell claimed his client’s convictions “should be vacated” because the judge overseeing the case did not have the jurisdiction to impanel a jury and hold a trial prior to a higher court giving a formal go-ahead.

Lowell wrote that Hunter Biden filed two appeals with the U.S. Court of Appeals for the 3rd Circuit, both of which were ultimately dismissed. However, the appeals court still has not issued a formal mandate denying one of those appeals, Lowell said, claiming that procedural issue should render the verdict void.

“Naturally, any district court action taken after it has been divested of jurisdiction by an
appeal must be vacated,” Lowell wrote.

Hunter Biden’s three felony convictions stemmed from his 2018 purchase of a Colt Cobra 38 SPL revolver. On a federal gun purchase form, he checked “no” when asked if he used or was addicted to illegal drugs. Then, he unlawfully possessed the firearm for 11 days.

The trial put a spotlight on Hunter Biden’s well-documented addiction to cocaine, which he and his father, the president, have openly addressed. Three women from his past, including his ex-wife, and his brother Beau’s widow — with whom he had a brief relationship — testified in the government’s case.

Hunter Biden faces a maximum of 25 years in prison and $750,000 in fines, though first-time offenders are rarely given the maximum penalty. His sentence will be at the judge’s discretion. Federal sentencing guidelines recommend 15-21 months in prison for defendants like Hunter Biden.

A sentencing date has not yet been scheduled.

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