A federal judge on Friday set Hunter Biden’s sentencing on gun charges for Nov. 13, just a week after the Nov. 5 presidential election from which his father, President Biden, recently bowed out.
Hunter Biden was found guilty in June of lying about his use of illicit drugs when applying to purchase a gun six years ago and unlawfully possessing it thereafter. It marked the first criminal conviction of a sitting president’s child.
U.S. District Judge Maryellen Noreika said that any sentencing memorandum filed by either party that requests a departure from federal sentencing guidelines is due by Oct. 30, but if neither party seeks variance, those memos are due by Nov. 6.
According to the United States Sentencing Commission, which determines recommended sentencing guidelines, a defendant like Hunter Biden would typically face 15 months to 21 months in prison. He faces a maximum of up to 25 years in prison and $750,000 in fines. First-time offenders are rarely given the maximum penalty.
However, that determination is entirely at Noreika’s discretion. Hunter Biden will likely meet with a federal probation officer, who will interview him and create a report with recommendations prior to his sentencing.
The three felony convictions issued by a jury of 12 Delaware residents earlier this year stemmed from Hunter Biden’s 2018 purchase of a Colt Cobra 38SPL revolver. When asked on a federal gun purchase form whether he used or was addicted to illegal drugs, he checked “no” and then unlawfully possessed the firearm for 11 days.
Much of the six-day trial put Hunter Biden’s addiction to crack cocaine under a microscope. Both he and his father have openly addressed his struggle with addiction that was worsened by the 2015 brain cancer death of Hunter’s brother, Beau Biden.
Despite that, special counsel David Weiss — who brought the federal charges after being appointed last year to investigate allegations of criminal conduct by Hunter Biden — insisted that the case was about “the illegal choices defendant made while in the throes of addiction,” not the addiction itself.
Hunter Biden said in a statement after the verdict that he was “disappointed” by the outcome but was “blessed” to experience recovery. His lawyer, Abbe Lowell, vowed to “vigorously pursue” all available legal challenges.
President Biden has said he will not pardon his son and intends to “continue to respect the judicial process” as his son considers an appeal.