The Third Circuit Court of Appeals in the United States refused to dismiss Hunter Biden’s federal gun charges indictment, as revealed in a court filing released on Thursday.
The son of the president is scheduled to go on trial next month in Delaware.
“The defendant in this criminal case appealed three pretrial orders entered on April 12, 2024, denying his motions to dismiss the indictment,” the court document released Thursday states.
“This appeal is DISMISSED because the defendant has not shown the District Court’s orders are appealable before final judgment.”
Biden’s attorneys submitted the motion in federal court earlier this year, contending that a diversion agreement previously endorsed by the Department of Justice and Biden’s legal counsel should stay in force.
Last year, Biden was charged with buying a revolver in 2018 while actively using drugs. The son of the president is facing three felony charges related to the incident. He has entered a plea of not guilty for all charges.
Biden has admitted to battling substance abuse during that time, including crack cocaine, yet his legal team has asserted that he didn’t violate the law and that a nonviolent, first-time offender wouldn’t have faced charges.
He was charged after a plea agreement meant to settle the case outside of a trial fell apart in July 2023. Instead of approving it, a judge raised further questions.
Biden’s legal team has now attempted to get the case dismissed by claiming that prosecutors bowed to political pressure after the deal was criticized by Republicans, including former President Donald Trump, as a “sweetheart deal.”
Biden’s lawyers also asserted that immunity provisions from the initial agreement remain valid, and defense attorney Abbe Lowell urged Judge Maryellen Noreika to issue a final ruling on the matter.
A jury trial lasting three to six days is scheduled to start on June 3, overseen by Judge Noreika. A pre-trial meeting is set for May 24.
Biden is also expected to face trial on June 20 in Los Angeles for federal tax charges filed against him in the same investigation led by Special Counsel David Weiss.
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