Appeals court denies Hunter Biden's effort to dismiss gun charges

Hunter Biden is facing the gun charges in Delaware and a tax violation case in California.

Published: May 9, 2024 12:38pm

Updated: May 9, 2024 1:23pm

A federal appeals court Thursday dismissed a request from Hunter Biden to have gun charges against him dismissed before his upcoming trial, according to a new court filing. 

"This appeal is DISMISSED because the defendant has not shown the District Court’s orders are appealable before final judgment," reads the judgment from the Third Circuit Court of Appeals, which is based in Philadelphia but covers Delaware, where the alleged gun violations occurred.

Biden appealed to the higher court after his Delaware trial judge, Maryellen Noreika, rejected his motion to dismiss the case in early April.

The Trump-appointed judge disagreed with Biden's arguments that Special Counsel David Weiss – who is also prosecuting President Biden's son on separate tax charges in California – violated the plea deal and diversion agreement he negotiated with the the Justice Department that would have granted him broad immunities.

Judge Noreika threw out that plea agreement and Weiss subsequently charged Hunter Biden.

Biden faces three charges in Delaware stemming from his purchase of a firearm in 2018: one count of unlawful possession and two counts of false statements. 

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