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The United States Court of Appeals for the Third Circuit refused to throw out Hunter Biden’s indictment on federal gun charges in a court document released Thursday.
The president’s son is set to stand 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.”
HUNTER BIDEN AGAIN MOVES TO DISMISS DELAWARE GUN INDICTMENT CHARGES
Hunter Biden, son of President Biden, speaks to members of the media outside the U.S. Capitol in Washington, D.C., on Dec. 13, 2023. (Tierney L. Cross/Bloomberg via Getty Images)
Biden’s lawyers filed the motion in federal court earlier this year, arguing that a diversion agreement previously agreed to by the Department of Justice, and Biden’s legal team should remain in effect.
Biden was indicted last year for purchasing a revolver in 2018 while actively using narcotics. The president’s son faces three felony charges related to the incident. He has pleaded not guilty to all counts.
Biden has acknowledged his struggles with substance abuse during that period, including crack cocaine, but his lawyers have said he did not break the law and another nonviolent, first-time offender would not have been charged.
HUNTER BIDEN PLEADS NOT GUILTY TO FEDERAL GUN CHARGES OUT OF SPECIAL COUNSEL DAVID WEISS’ PROBE
He was indicted after a plea deal that would have resolved the case without the spectacle of a trial imploded in July 2023, when a judge who was supposed to approve it instead raised more questions.
READ THE COURT DOCUMENT — APP USERS CLICK HERE
Biden’s attorneys have since sought to have the case tossed out by arguing that prosecutors bowed to political pressure after the agreement was publicly pilloried by Republicans — including former President Donald Trump — as a “sweetheart deal.”
Biden’s attorneys also argued that immunity provisions from the original deal are still in effect, and defense attorney Abbe Lowell pressed Judge Maryellen Noreika to make a final ruling on the matter.
U.S. Attorney for the District of Delaware David Weiss. (Fox News screenshot)
A three- to six-day jury trial is set to begin on June 3 and will be presided over by Noreika. A pre-trial conference is scheduled for May 24.
Biden is also expected to stand trial on June 20 in Los Angeles for federal tax charges brought against him in the same investigation headed by Special Counsel David Weiss.
Fox News Digital’s Bradford Betz contributed to this report.
Timothy Nerozzi is a writer for Fox News Digital. You can follow him on Twitter @timothynerozzi and can email him at timothy.nerozzi@fox.com
