Hunter Biden is set to be sentenced on felony firearms charges in November under an order signed by a judge on Friday.
The president's son could face up to 25 years in prison at sentencing set for Nov. 13 in Wilmington, Delaware, but as a first-time offender he is likely to get far less time or avoid prison entirely.
Hunter Biden is also facing another trial on tax charges in California set to begin in September. He's charged in that case with failing to pay $1.4 million in taxes.
President Joe Biden, who dropped his reelection bid last month, has said he will not use his presidential powers to pardon his son or lessen his sentence. Hunter Biden was convicted of three felonies after lying on a federal form to purchase the gun by saying he wasn't a drug user in 2018, a period when he has acknowledged struggling with addiction.
U.S. District Judge Maryellen Noreika, who was nominated to the bench by former Republican President Donald Trump, will decide how much time, if any, Hunter Biden serves behind bars at the sentencing scheduled to fall shortly after Election Day.
He was supposed to plead guilty to misdemeanor tax offenses and avoid prosecution in the gun case if he stayed out of trouble for two years in a deal with prosecutors last year. However, the agreement fell apart after Noreika questioned unusual aspects of the proposed agreement, and the lawyers could not resolve the matter.
Hunter Biden is also pushing for dismissal of both the tax and gun cases against him, citing a ruling in Florida t hat threw out a separate prosecution of Trump after his attorneys argued the Justice Department special counsel in the case was improperly appointed. Hunter Biden is also being prosecuted by a special counsel appointed by Attorney General Merrick Garland.
A representative for his legal team did not immediately respond to a message seeking comment on the sentencing.
