The criminal case against Hunter Biden, involving gun charges, is in the jury’s hands. After the summations wrapped, Judge Maryellen Noreika provided the jury with instructions on the law pertaining to the three felony charges. The jury then began their deliberations.
Hunter Biden’s decision not to testify was considered prudent given the overwhelming evidence presented. As discussed in a recent column, it is unlikely that the sentencing guidelines in this case would call for imprisonment, even if Hunter is convicted on all three charges. However, by choosing to go to trial rather than pleading guilty, Hunter forfeited the two-point reduction in the sentencing guidelines awarded to defendants who accept responsibility for their actions.
Testifying posed significant risks for Hunter. Under the guidelines (§3C1.1), a defendant providing false testimony can receive a two-point offense level increase, which could lead to a prison sentence. The application notes specify that this enhancement is not applied if a defendant simply pleads not guilty or refuses to admit guilt. However, providing a false exculpatory account typically results in the points being added. Thus, testifying in a manner contradicted by the evidence, such as claiming he did not consider himself a drug addict at the relevant time, could have been perilous.
Evidence presented in the case includes Hunter attempting to obtain drugs around the time of the gun purchase, the gun being found in a bag with cocaine residue, testimony from Hallie Biden that she discarded the gun out of fear for Hunter’s condition, and Hunter’s stint in rehab where he would have been informed that addiction persists even when not actively using.
🇺🇸 This is the high altar of the conspiratorium.
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