Liam Conner
Washington – Hunter Biden was sentenced Tuesday in federal gun trialand now a judge will have to determine whether the president’s son should be arrested for criminal conviction.
Hunter Biden was convicted by the 12-person jury of two felony counts of making false statements on a federal gun form about his drug use and one count of illegally possessing a gun over an 11-day period.
The three criminal charges carry up to 25 years in prison and a fine of up to $750,000. But it remains to be seen whether the president’s son will be sentenced to prison – an outcome that could have been avoided with a plea deal that collapsed last year.
When will Biden be sentenced and what to expect
Judge Maryellen Noreika estimated sentencing would occur 120 days after sentencing, at which point she will determine whether Hunter Biden will face prison time, although she has not yet set a firm date.
The judge will likely consider a number of factors, including the fact that Hunter Biden is a first-time offender.
Anna Moneymaker/Getty Images
Tom Dupree, a former principal deputy attorney general at the Justice Department, told CBS News he thinks Biden will be sentenced to prison, but more likely for a year or two rather than a longer sentence.
Some legal experts have argued that the charges brought against Biden are rare, making it difficult to predict the sentence in the case.
Jessica Levinson, a law professor at Loyola Law School, told CBS News that it is rare for the indictment to be brought as a standalone indictment. And she added that she doesn’t expect the president’s son to face the maximum sentence, but that he will likely face some time behind bars.
Ankush Khardori, former federal prosecutor, he wrote in Politico magazine that gun charges are the “bread and butter” of federal prosecutors, but he explained that “these cases almost always result in convictions, but they often end in plea deals, not jury verdicts.”
Hunter Biden was expected to plead guilty to misdemeanor tax charges under the plea deal, along with a pretrial diversion program from gun charges.
Could President Biden pardon his son?
While Biden could theoretically pardon his son, President said last week that he wouldn’t do that. In an interview with ABC News, Biden said “yes” when asked if he had ruled out a pardon for his son. He also said he would accept the trial verdict regardless of the outcome.
But the lawsuits will likely continue as Biden can appeal, likely raising a Second Amendment defense.
After the verdict, the president said in a statement that he “will accept the outcome of this case and will continue to respect the judicial process while Hunter considers an appeal.”
Scott MacFarlane contributed reporting.
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