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Hunter Biden’s lawyers officially seek new trial after gun conviction

Hunter Biden’s legal team formally requested a new gun trial on Monday, arguing that the judge lacks jurisdiction over his case due to a legal technicality.

The move comes a week after lawyers for President Biden’s son filed the same motion but inexplicably withdrew it minutes after he was convicted of illegally possessing a gun while under the influence of drugs.

In the new motion, Hunter, 54, asked that his June 17 conviction be vacated, arguing that Delaware federal Judge Maryellen Noreika lacked jurisdiction over the case while an appeals decision was pending.

Hunter Biden’s lawyers have requested a new trial based on legal technicalities. Getty Images

A three-judge panel of the 3rd Circuit Court of Appeals earlier this year rejected two of the appeals brought by Biden’s sons, ruling that the case could not be adjudicated until the ruling was made.

But Hunter’s lawyers argue that the appeals court has yet to rule on Hunter’s request to hear both appeals en banc, which is delaying the 3rd Circuit’s order formally remanding the case back to Noreika.

“No order has been issued in this case either during or at trial, and the special counsel has not filed a motion for an expedited order with the Third Circuit Court of Appeals since the verdict,” Hunter’s lawyers wrote in a filing on Monday. “Accordingly, the conviction must be vacated.”

Hunter Biden was convicted of illegally possessing a gun while under the influence of drugs. U.S. District Court for the District of Delaware

The troubled son was convicted earlier this month of three felony counts related to falsely claiming to be drug-free when purchasing a handgun in Wilmington, Delaware on Oct. 12, 2018. Prosecutors said he was battling a serious cocaine addiction at the time.

Noreika faces up to 25 years in prison if convicted, but federal sentencing guidelines make it unlikely that he will receive a harsher sentence. He has not yet scheduled a sentencing date.

Hunter Biden was convicted of three felony counts related to the illegal possession of a Colt Cobra handgun. Quarles

Hunter is also scheduled to go on trial in federal court in Los Angeles in September on charges he evaded $1.4 million in taxes between 2016 and 2019.

A Justice Department spokesman declined to comment.