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Hunter Biden Seeks Gun Sentencing Delay Amid Legal Challenges

 September 19, 2024

The first son is asking for more time before his sentencing in a federal gun case, citing conflicting legal commitments.

Hunter Biden's attorneys have filed a motion to push back the current Nov. 13 sentencing date by a few weeks, requesting it be rescheduled for late November or early December to allow for more time for the legal team to prepare for the gun sentencing while also addressing his tax case and a separate civil lawsuit, as National Review reports.

Biden’s lawyers argue that the delay is necessary to properly handle the pre-sentencing preparations and avoid scheduling conflicts, particularly for his lead trial attorney.

Conflicting Legal Obligations Cited by Biden’s Attorneys

Biden’s attorneys, in their filing to Delaware Judge Maryellen Noreika, emphasized the challenges they face in preparing for the gun sentencing amid other legal deadlines. The team is working closely with Delaware’s Chief Probation Officer to gather necessary financial documents, arrange pre-sentencing interviews, and prepare submissions for the court. The additional time would allow the team to complete these tasks without rushing and ensure full participation by the lead trial attorney, who faces multiple obligations in the coming weeks.

“Since the Court set the sentencing hearing date, Mr. Biden and his counsel have been diligently preparing for sentencing,” the motion states. It further explains that a postponement would accommodate the attorney’s scheduling conflicts and allow for more comprehensive preparation.

Prosecutors Oppose Request For Delay

Despite the reasoning laid out by Biden’s legal team, the special counsel’s office, led by federal prosecutor Derek Hines, opposes the request for a delay. Hines and his team argue that the motion should have been submitted earlier, given the known schedule of Biden’s other legal matters. Prosecutors Derek Hines and Leo Wise were responsible for securing Biden’s conviction in the gun case, where Biden was found guilty on three charges related to lying on federal gun purchase paperwork and possessing a firearm while addicted to drugs.

Biden’s defense attorney Abbe Lowell has been at the forefront of managing the legal strategy for the case. Prosecutors, however, maintain that the legal team should have anticipated these conflicts earlier.

Background Of The Gun Case

Hunter Biden’s federal gun charges stem from a June conviction in Delaware. He was found guilty of making false statements about his drug use on a firearm purchase form, as well as being in possession of a firearm while addicted to crack cocaine. Although he faces up to 25 years in prison for these offenses, his status as a first-time offender suggests that he is likely to receive a more lenient sentence.

The gun case is just one of several legal battles Biden is currently managing. He is also facing federal tax charges, to which he pleaded guilty earlier this year. These charges involve the failure to pay $1.4 million in taxes over a four-year period.

Upcoming Sentencing And Tax Case Complications

In addition to his gun sentencing, Biden’s tax case is scheduled for December 13, adding another layer of complexity to his legal calendar. His legal team is working to finalize all necessary documentation for this case as well, which has led to scheduling conflicts with the gun sentencing. A pre-trial conference for one of his civil lawsuits is also scheduled for Nov. 12, just one day before the current sentencing date for the gun case.

Biden’s legal team argues that these overlapping obligations are making it difficult for his lead attorney to give adequate attention to all of the cases at once. They believe that delaying the gun sentencing by a few weeks would allow for better preparation and avoid any potential issues with representation at the hearing.

Hunter Biden’s Decision To Plead Guilty

Hunter Biden’s decision to plead guilty to the tax charges was, he said, influenced by a desire to spare his family from further public embarrassment and scrutiny. “I will not subject my family to more pain, more invasions of privacy, and needless embarrassment,” Biden said after his plea. By accepting the guilty plea, Biden hoped to avoid a lengthy trial that could bring even more attention to his personal life.

President Joe Biden, meanwhile, has made it clear that he will not intervene in his son’s legal matters. The president has stated publicly that he does not plan to pardon or commute his son’s sentence, regardless of the outcomes in either the gun or tax cases. The elder Biden is set to leave office in January, just a few weeks after the scheduled tax case sentencing.

Delaware Jury’s Role In The Gun Case

In June, the Delaware jury responsible for Hunter Biden’s conviction found him guilty on all three charges related to the gun case. The charges included making false statements on federal forms, as well as possession of a firearm by an individual addicted to drugs. Biden’s defense team, led by Abbe Lowell, had argued that his drug addiction should be considered a mitigating factor, but the jury ultimately sided with the prosecution.

With sentencing now looming, Biden’s legal team is racing to manage the various legal issues ahead. His gun sentencing, the tax case, and a civil lawsuit all demand attention, placing enormous pressure on the defense.

Conclusion

Hunter Biden’s legal team has requested a delay in his federal gun sentencing due to scheduling conflicts with other cases, including his upcoming tax sentencing.

His attorneys argue that the postponement would allow for better preparation and prevent his lead trial attorney from facing overlapping commitments.

Federal prosecutors, however, are opposing the delay, citing concerns that the request should have been made earlier.

As Biden navigates his legal challenges, he faces potential sentencing for both gun and tax charges in the coming months.