likely appeal of gun verdict, tax trial

On June 11, 2024By Rgal Nv

WASHINGTON — Hunter Biden’s conviction in his federal gun trial does not mark the end of his legal drama.

The 54-year-old’s sentence, possible appeal and a Supreme Court case that could overturn the law behind his charges are still pending. President Joe Biden’s son — a lawyer, businessman and author — also faces a second federal trial on tax charges set to begin Sept. 5 in Los Angeles.

Tuesday’s verdict comes after the collapse of a plea deal last July that likely would have resolved the gun and tax charges without prison time for Hunter Biden. Instead, he became the first child of a sitting president to be indicted, tried and convicted.

The jury’s ruling has political implications as Democratic President Joe Biden campaigns for re-election against the presumptive Republican nominee, former President Donald Trump. Congressional Republicans have been investigating Hunter Biden’s foreign business deals, which fueled pending tax charges in his second trial, for possible influence peddling. Joe Biden told ABC News he would not pardon his son.

Here’s what we know about the ongoing litigation affecting Biden:

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Federal sentencing guidelines for Biden range from 15 to 21 months

Biden faces a maximum sentence of 25 years in prison for the three counts: lying on a federal screening form by denying it, lying to a gun dealer and possessing a firearm while using or being addicted to illegal drugs. But sentences for first-time and nonviolent offenders are generally shorter than the maximum possible.

Biden’s sentencing could last months or longer as authorities prepare a report based on guidelines on sentence lengths in similar cases. Certain factors may lead to adjustments based on the defendant’s criminal record and behavior that may be helpful in correctional treatment.

Typically, a federal probation officer will interview the defendant and prepare a report before sentencing. Prosecutors and defense attorneys also file memos explaining the type of sentence the judge should impose.

Federal guidelines call for a sentence of 15 to 21 months for Biden. Legal experts have said defendants often get shorter sentences and are less likely to be incarcerated if they follow pretrial release rules.

Biden expected to appeal gun conviction

U.S. District Judge Maryellen Noreika denied several requests to dismiss the gun-related charges, but defense attorney Abbe Lowell said he would continue to pursue legal action.

Lowell accused Justice Department special counsel David Weiss of vindictively pursuing Biden because few people are charged under the law applied in Biden’s case. House Republicans criticized the “sweetheart deal” that the plea deal offered Biden and that Noreika rejected. Lowell argued that Weiss sought an indictment despite a lack of additional evidence due to criticism, a charge the prosecutor denied and called “a fiction designed for a Hollywood script.”

Noreika and Weiss were each appointed by Trump.

The Third U.S. Court of Appeals ruled in May that Biden must wait until the verdict to appeal several of Noreika’s rulings against dismissing the charges.

Supreme Court decision pending on gun law challenge

The law that served as the basis for the charges against Biden has been challenged for years by gun rights advocates. A 2022 Supreme Court ruling struck down a New York law ruling that any gun restrictions must be “consistent with this country’s historic tradition of gun regulation,” opening the door to a flood of disputes over the regulation of firearms.

In one case, Zackey Rahimi’s lawyers appealed his conviction under a law – the same one used to charge Biden – prohibiting him from owning a gun because of a protection order that his little friend got against him.

The law at stake in the court battles is 18 USC 922, which in nearly four out of five cases is used to prevent convicted felons from possessing a firearm. But the code section contains lesser-known provisions prohibiting gun ownership for other reasons, such as drug use or addiction, which is the charge against Biden.

Like Rahimi, Lowell argued that in Biden’s case the charges were unconstitutional. Despite his son’s legal challenge, President Biden has advocated making gun background checks even stricter.

The Supreme Court is expected to rule on Rahimi’s case this month.

Biden tax trial begins September 5

U.S. District Judge Mark Scarsi set Biden’s trial in Los Angeles on nine tax charges for September 5, after Lowell requested more time to prepare between trials, when the tax case was originally set for September 20. June.

The plea agreement called for Biden to admit to two misdemeanor charges for failure to pay taxes in 2017 and 2018. But Weiss obtained an indictment for three tax offenses and six misdemeanors.

Biden allegedly engaged in a scheme in which he failed to pay at least $1.4 million in self-assessed taxes from 2016 to 2019, and also evaded taxation for 2018 when he filed false statements, according to an indictment obtained.