Hunter Biden's lawyers recently asked for a new trial in his federal gun case, but promptly took back the request.
Biden's lawyers (attempted to) argue that the trial court lacked jurisdiction to proceed with his case because the Third Circuit Court of Appeals had not issued its mandate regarding his pretrial appeals.
On Monday, Biden's legal team refiled a motion asking for a new trial, without explaining why they had withdrawn the previous request.
Monday's filing confirms desperate legal actions to challenge the conviction on technical grounds remain ongoing.
ABC News has more on the longshot bid:
Attorneys for Hunter Biden requested a new trial in court papers filed Monday, arguing that his “convictions should be vacated” because the trial commenced before a circuit court formally issued a mandate denying his appeal — a technical argument disputing not the merits of the case, but a procedural claim.
“Here, no mandate was issued during the trial or even now,” attorneys for Biden wrote. “Consequently, the conviction must be vacated.”
The younger Biden was found guilty earlier this month on two counts of making false statements for saying on a federal form that he was not addicted to drugs at the time he purchased a Colt Cobra 38SPL revolver in October 2018, and a third count of illegally obtaining the firearm while addicted to drugs.
Attorneys for Hunter Biden also argued in a separate filing Monday that the Supreme Court's decision this week in U.S. v. Rahimi, which upheld a longstanding federal ban on firearms for people under domestic violence restraining orders, supported their motion for an acquittal or, “at a minimum,” a new trial.
Nearly two weeks ago, a Wilmington, Delaware, jury found Biden guilty on all three felony gun charges following three hours of deliberation. (RELATED: Hunter Biden's Wife Snaps On Former Trump Aide During Court Appearance)
The charges against Biden were as follows:
- Count One: False Statement Material to Firearms Sale (max prison sentence: 10 years)
- Count Two: False Statement in Firearms Transaction Record (max prison sentence: five years)
- Count Three: Possession of a Firearm by a Drug User or Drug Addict (max prison sentence 10 years)
Besides 25 years behind bars, the president's son also faces up to $750,000 in fines.
Legal experts believe it's unlikely that Biden spend any time behind bars.
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