Former federal prosecutor predicts Hunter Biden will get prison time

A former federal prosecutor in a Tuesday interview predicted Hunter Biden will get prison time, following the guilty verdict in the federal gun case against the president’s son.

“I do. I do,” Thomas Dupree said in a CBS News interview, when asked whether he thinks Hunter Biden will go to prison.

Dupree, a partner at Gibson, Dunn & Crutcher LLP in Washington, said he does not expect the sentence to be “unduly severe,” noting Hunter Biden has not previously been convicted of a crime.

“Really, he’s effectively a first-time offender, Dupree said. “I suspect that the judge will look somewhat sympathetically on this case.”

The interview comes just after the jury announced its verdict, convicting Hunter Biden on two charges of making false statements about his use of illicit drugs when buying a gun in 2018 and another charge of unlawfully possessing the firearm for 11 days.

The trial, which lasted just more than a week, spotlighted Hunter Biden’s addiction to cocaine around the time he checked “no” on a federal gun purchase form questioning whether he unlawfully used or was addicted to narcotics or other drugs.

Hunter Biden faces a maximum of 25 years in prison and $750,000 in fines, though first-time offenders are rarely given the maximum penalty.

According to the United States Sentencing Commission, which determines recommended sentencing guidelines, a defendant like Hunter Biden would typically face between 15 to 21 months in prison. 

Ultimately, however, it’s up to the judge to determine the sentence.

“I don’t see this as a case where the judge is going to be looking at an upper range of the sentencing guidelines,” Dupree said.

“My sense is that the likeliest outcome would be a sentence of incarceration, but for a fairly limited period, you know? We’d be talking a year or two, not five or six,” he added.

Before Hunter Biden is sentenced, he will likely meet with a federal probation officer who will interview him and create a report with recommendations, while both federal prosecutors and Hunter Biden’s attorneys will file memos to the judge with their own recommendations. 

President Biden said recently he would not pardon his son if he were convicted on the federal charges. He reiterated that sentiment after the verdict was announced Tuesday, saying he respects the outcome of the case and will “continue to respect the judicial process” as his son considers an appeal.

“As I said last week, I am the President, but I am also a Dad,” Biden said. “I love our son, and we are so proud of the man he is today.”

Hunter Biden’s attorney, Abbe Lowell, said in a statement after the verdict that they are “naturally disappointed” but “respect the jury process.” They intend to “vigorously pursue” all available legal challenges.