A federal appeals court on Thursday rejected Hunter Biden's effort to get the gun charges against him dismissed, clearing the way for a trial to begin next month.


What You Need To Know

  • A federal appeals court on Thursday rejected Hunter Biden's effort to get the gun charges against him dismissed

  • The move clears the way for a trial to begin next month

  • The case accuses Hunter Biden of lying about drug use in 2018 on a form to buy a gun; he pleaded not guilty after a plea agreement with federal prosecutors fell apart

  • Hunter Biden was also indicted in a separate criminal case in California alleging that he failed to pay at least $1.4 million in taxes; that case is also set to go to trial in June

The court's order did not weigh in on the merits of the Hunter Biden's appeal, but rather noted that it was not the right time to consider it.

"This appeal is dismissed because the defendant has not shown the District Court’s orders are appealable before final judgment," the three-judge panel wrote in its ruling.

Hunter Biden, the son of President Joe Biden, was indicted in September of last year after a plea agreement with federal prosecutors fell apart under scrutiny by a federal judge. The case accuses Hunter Biden of lying about drug use in 2018 on a form to buy a gun; he pleaded not guilty after the agreement imploded.

His attorneys have said he owned the firearm for 11 days and did not fire it. 

"In reviewing the panel’s decision, we believe the issues involved are too important and further review of our request is appropriate," Hunter Biden's attorney Abbe Lowell said in a statement, signaling that they may ask the full Third Circuit to review the appeal.

Last month, U.S. District Court Judge Maryellen Noreika, an appointee of Hunter Biden's father's predecessor, Donald Trump, rejected an appeal alleging that the case is politically motivated. 

Hunter Biden was also indicted in a separate criminal case in California alleging that he failed to pay at least $1.4 million in taxes. That case is also set to go to trial in June, in the midst of his father's reelection campaign. He has pleaded not guilty to the nine charges in that case. 

Under the plea agreement, Hunter Biden would have gotten two years’ probation after pleading guilty to misdemeanor tax charges. He also would have avoided prosecution on the gun charge if he stayed out of trouble. 

The Associated Press contributed to this report.