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Hunter Biden withdraws request for new gun trial

Hunter Biden, son of U.S. President Joe Biden, attends a Medal of Honor Ceremony in the East Room at the White House in Washington, D.C., on July 3. On Wednesday, his lawyers withdrew a request for a new gun trial. Photo by Yuri Gripas/UPI
Hunter Biden, son of U.S. President Joe Biden, attends a Medal of Honor Ceremony in the East Room at the White House in Washington, D.C., on July 3. On Wednesday, his lawyers withdrew a request for a new gun trial. Photo by Yuri Gripas/UPI | License Photo

July 10 (UPI) -- Lawyers for Hunter Biden have withdrawn their request for a new gun trial, acknowledging in court documents that they misunderstood a litigious technicality that their ask was based on.

Hunter Biden, the son of President Joe Biden, was found guilty last month on three felony charges stemming from his purchase of a handgun in 2018 when he was allegedly struggling with drug addiction, and faces up to 25 years' imprisonment and hefty fines when sentenced.

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In late June, his attorneys argued for his client to be re-tried on the grounds that the trial started before a circuit court formally issued a mandate denying the 54-year-old Biden's appeal, meaning the appeals court still maintained jurisdiction on the case, not the court that convicted him.

In response, special counsel David Weiss, who charged the junior Biden, responded to the request Monday, stating in a court document that the ask should be denied as it was "based on his apparent misunderstanding of appellate practice" as the circuit court held in its order that it did not have jurisdiction.

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Lawyers for Hunter Biden on Tuesday withdrew their request for a new trial while referencing Weiss' explanation.

"As it appears that the Third Circuit views issuing a certified order 'in lieu' of a mandate as compliant with Rule 41's procedure for shortening the time for issuance of a mandate, Mr. Biden withdraws his motion," his lawyers wrote in the document said.

The unusual case against the younger Biden goes back to the Trump administration, with Weiss investigating him for tax crimes starting in late 2018.

Last summer, Hunter Biden was poised to plead guilty to misdemeanor tax offenses, but the deal fell apart in July when it was not approved by the judge as the two sides could not agree on a separate gun offense.

Hunter Biden was then indicted in September on the three felony charges for lying on a federal form that he was not addicted to drugs when he bought a firearm in 2018 that he has since been found guilty of.

He is also facing nine tax-related charges filed against him in December.

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