Hunter Biden to plead guilty for Taxes and Receive Diversion for Federal Drug Addict Gun Offense – Did he get a good deal and does the judge have to accept it?
Hunter Biden – Federal Plea Deal & Diversion
Recently, Hunter Biden, the second son of President Joe Biden, entered a plea agreement with the federal government to plead guilty to federal tax evasion charges in exchange for recommendation of probation.
Biden was also charged under 18 USC §922 (g) and (n) – possession of a firearm or ammunition by a prohibited person. This is a felony offense and a person convicted of it faces up to ten (10) years of federal incarceration.
While Biden is not a convicted felon, he is nevertheless a prohibited person under federal law. Under federal law, the following are prohibited from possessing or owning a firearm or ammunition:
- A convicted felon
- Illegal Alien
- Lawfully admitted under non-immigration Visa
- Those subject to a domestic restraining order
- Prior conviction for domestic assault
- A fugitive from justice
- Dishonorable discharge from military; and
- Drug user or addict
Biden, despite having no criminal history or even a criminal record, was nevertheless considered a drug user or addict as he has a documented history of drug abuse which dates back to his early adult years.
What is the Federal Gun Control Act?
Under the Gun Control Act (18 USC 18 §922 (g) and (n) it is a crime for any of these persons to ship, transport, receive or possess firearms and ammunition.
Under the terms of Biden’s tax plea deal, he will not face prosecution, and will be permitted to enter a federal diversion program for this gun charge. This will most likely allow him to avoid prosecution for almost a certain conviction if his matter proceeded to trial and a likely federal prison term. Biden will plead guilty to two (2) misdemeanor tax charges where he failed to pay over $100,000 in federal taxes in 2007 and 2018.
It is important to keep in mind that while the federal government through the U.S. Attorney’s Office, has entered into this plea agreement with Biden, the sentencing Judge is not bound by it. The Judge can sentence him outside of the plea agreement. If he or she were to do so, Biden would have the ability to take back his plea and proceed to trial. Federal Judges are not bound by plea agreements or even the sentencing guidelines and may use them as simply advisory.
Federal Pre-Trial Diversion Program
Under the Federal Justice manual Title 9-22.010, pre-trial diversion is designed to divert certain offenders from the traditional criminal justice system into an alternative system of supervision services (PTD). The PTD program provides another way for prosecutors to hold a guilty person accountable while at the same time protecting the public. Another goal of the program is to conserve judicial resources and provide opportunities for treatment, rehabilitation, and community correction.
Persons such as Hunter Biden who successfully complete the program can often obtain the following outcome:
- Dismissal of charges
- Reduction of charges
- Favorable recommendations as to sentencing
If, however, a person like Biden, unsuccessfully fails to complete the program, they will be returned to the judicial track for the case and have to proceed to trial or enter into a plea agreement.
Federal Diversion Eligibility
Not everyone, however, is eligible for these federal diversion programs. There are specific categories of persons who are prohibited from this type of disposition and they include the following:
- A person accused of an offense related to child exploitation or child pornography or an offense involving sexual abuse or sexual assault;
- A person accused of an offense resulting in serious bodily injury or death;
- A person accused of an offense involving a brandishing or use of a firearm or deadly weapon;
- A public official or former public official accused of an offense resulting out of a violation of public trust;
- A person accused of an offense related to national security or foreign affairs;
- A person accused of an offense in which it is alleged the person had a significant role in the large scale operation of a criminal organization or violent gang.
PTD is an entirely discretionary program which means the U.S. Attorney’s Office would have to agree to this type of disposition.
It appears that Hunter Biden has received a very favorable plea deal from the federal government which will allow him to avoid any possibility of federal prison or permanently losing his ability to practice law. While Biden can still potentially face some type of disciplinary action from his state bar, he will likely not face permanent disbarment as a result of this plea deal.
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