Hunter Biden's lawyers file request for new trial in federal gun case

Biden's defense attorney Abbe Lowell filed the motion for the new trial, claiming the court lacked the jurisdiction because a federal appeals court did not give the Delaware court approval to proceed.

Published: June 24, 2024 6:29pm

First son Hunter Biden's defense team filed a request on Monday for a new trial in his federal gun case, claiming the previous court in Delaware did not have jurisdiction. 

Biden was found guilty of all three federal felony charges earlier this month, in connection with the purchase of a gun in 2018, which included allegations of lying about his previous drug addiction when purchasing the gun. 

Biden's defense attorney Abbe Lowell filed the motion for the new trial, claiming the court lacked the jurisdiction because a federal appeals court did not give the Delaware federal court the necessary approval to proceed, despite it dismissing Biden's appeals, according to Reuters.

“An appeal, including an interlocutory appeal, ‘divests the district court of its control over those aspects of the case involved in the appeal,'" the motion read. "That the Third Circuit may later issue a mandate returning jurisdiction to this Court, after a 7-day trial resulting in a three-count conviction, does not change the fact that the trial proceeded before jurisdiction was returned to this Court."

Lowell argued that the current convictions should be vacated because it was done improperly, and that a new trial should be held after the appeals court approves the jurisdiction. Biden has maintained that he is not guilty, and previously vowed to appeal the conviction.

If the motion is dismissed, Biden will face up to 25 years in prison and a fine of up to $750,000, according to court filings. However, first-time offenders rarely get the maximum penalty. No date for the sentencing has been set so far.

Misty Severi is an evening news reporter for Just the News. You can follow her on X for more coverage.

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