Hunter Biden's legal team filed a motion on Monday to reschedule his trial after he was convicted of being a felon in possession of a firearm.
A Delaware jury convicted Hunter Biden earlier this month on three felony firearms charges related to his purchase of a revolver while high on drugs. In a motion filed Monday, his lawyers said Assert Because the district court began the trial before the Third Circuit formally returned jurisdiction to it, the conviction “should be vacated” for procedural reasons.
The 3rd Circuit Court of Appeals upholds Hunter Biden's Attempt Dismissing cases before trial, including on a second-chance basis FixesMeanwhile, his lawyers argue that the appeals court never issued an order allowing the district court to move forward with the case. (RELATED: Hunter Biden Lost a Hail Mary Toss, Says Turley)
WILMINGTON, DELAWARE – JUNE 6: Hunter Biden, son of US President Joe Biden, arrives at the J. Caleb Boggs Federal Building in Wilmington, Delaware on June 6, 2024. (Photo by Kevin Dietsch/Getty Images)
“Faced with an interlocutory appeal, the district court's options are to wait for an order from the court of appeals to restore jurisdiction or to certify the frivolousness of the proceedings,” his lawyers argue. “It could have also asked the Third Circuit to issue an order sooner. If the district court could ignore the procedure and achieve the same result, the certification process would be rendered meaningless and further problems of uncertainty about where jurisdiction resides would arise.”
Another trial in California on Hunter Biden's federal tax charges is scheduled to begin in September.
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