Lawyers for Hunter Biden formally requested a new trial on Monday, arguing that his recent federal gun charges trial proceeded prematurely. This comes after his June 11 conviction on three felony counts related to lying about illegal drug use when purchasing a handgun in 2018.
In a new court filing, Biden’s defense team asserted that Delaware federal Judge Maryellen Noreika lacked jurisdiction due to pending appellate rulings. They claimed the Third Circuit Court of Appeals had not issued a mandate that would have officially allowed the trial court to proceed after dismissing Biden’s appeals, leaving the trial unauthorized.
Hunter Biden, 54, became the first child of a sitting president to be convicted of a felony when a jury found him guilty of lying on a background screening form and illegally possessing a firearm. He faces up to 25 years in prison but is unlikely to receive the maximum sentence under federal guidelines. Sentencing has yet to be scheduled.
Biden’s lawyers argued that the law under which he was charged is unconstitutionally vague and infringes on his Second Amendment rights. They emphasized that the appellate court’s failure to rule on Biden’s request for a full panel review of his appeals delayed the issuance of a mandate, thus preventing the trial court from having the jurisdiction to convict.
Hunter Biden’s team had initially filed a similar motion last week but withdrew it minutes later without explanation. They resubmitted the motion on Monday, maintaining that the trial judge’s lack of jurisdiction is a significant legal oversight.
Sources: Reuters and NY Post
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