Hunter Biden‘s freedom hangs in the balance with experts divided over whether he will go to jail – but many other convicts have spent time behind bars on similar charges.
Lengthy prison sentences, for felons with similar convictions to Biden, have been handed down by judges across multiple states – giving an broad indication of how Judge Maryellen Noreika may decide to sentence the president’s son.
While no two cases are the same, and contextual clues also mean Hunter Biden’s sentence will likely differ from other gun charge felons, examples of convicts’ endured jail time provides an interesting insight to what Biden, 54, may face.
According to data from the US Sentencing Commission, just 52 defendants have been sentenced in a similar category as Hunter Biden since 2019 – and 92 percent were given prison time.
Of these sentences, the median prison term was 15 months. The remaining eight percent of gun charge felons were given probation or a fine following the cases.
Hunter Biden ‘s freedom hangs in the balance with experts divided over whether he will go to jail – but many other convicts have spent time behind bars on similar charges
Thomas Brown of Norman in Oklahoma was sentenced to 57 months in federal prison in February for making false statements during his purchase of a firearm.
The 50-year-old was indicted on four counts after lying about a previous domestic violence conviction while trying to buy a gun from a pawnshop in his hometown.
Investigators found he already owned two unregistered firearms and that contributed to his near five-year sentence – unlike Hunter Biden, who is a first-time, non-violent offender.
Brown, who was facing one more count than 54-year-old Biden, is currently serving his sentence in MCFP Springfield, a medical facility in Missouri.
Matthew Kyle Brazell, 33, of Grovetown in Georgia, had also been banned from owning firearms after a domestic violence conviction when he was found with Smith and Wesson SD40 handgun during a 2020 traffic stop.
That single count was enough to cost him 30 months in jail when sentenced in November of that year.
By comparison, Hunter Biden has been found guilty on triple the number of federal charges compared to Brazell – which experts perhaps may see as a bad omen for the president’s son as he awaits his sentence.
One woman was pictured protesting outside Biden’s trial this week claiming she had lost her home and family after a conviction for possessing a gun without a serial number saw her imprisoned for five years.
In another example, a single count of dishonestly purchasing a semi-automatic rifle was enough to see a Mississippi man jailed for 20 months in April of this year.
Lavoris Donte McGee, Jr, 22, lied on the same ATF Form 4473 at the center of Biden’s trial when he failed to reveal a felony indictment for assaulting a law enforcement officer.
One woman stands outside Biden’s trial, holding a sign saying that her life was turned upside down over a gun charge
Matthew Kyle Brazell, 33, of Grovetown in Georgia was sentenced to 30 months in jail for owning a firearm while banned for a previous offense
The three felony counts Biden has been convicted of carry up to 25 years in prison and a fine of up to $750,000.
But lawyers have emphasized that the unusual combination of charges and the lack of a plea deal make the actual sentence difficult to predict.
Biden now faces an interview with a federal probation officer who will prepare a pre-sentence report for trial Judge Maryellen Noreika.
She has said she will schedule sentencing within 120 days after also receiving sentencing memos from both the prosecution and defense attorneys.
The 57-year-old Trump-appointed judge has only served on the bench for seven years following a career as a patents lawyer and commentators have been scouring her record for an indication of Biden’s prospects.
Last month she jailed Zhi Dong, of Maryland, after he admitted pretending to live in Delaware when bought guns in the state.
Dong later drove the firearms to a gun store in California which prosecutors suggested was ‘indicative of trafficking firearms’.
Prosecutors asked Noreika for a six-month sentence after he pleaded guilty to a first offense, but were taken aback when the judge ignored their advice and imprisoned him for a year.
The President’s son arrived at court with wife Melissa Cohen Biden to hear the verdict
Trial judge Maryellen Noreika has a short but formidable record for sentencing gun offenders
Zhi Dong is in FCI Allenwood after Noreika sentenced him to 12 months on gun charges
Thomas Brown is in Missouri’s MCFP Springfield after being jailed for 57 months in federal prison in February for making false statements during his purchase of a firearm
Dong is now serving his sentence in FCI Allenwood, Pennsylvania, a low security facility with 1,450 inmates which once housed Gambino crime family member Nicholas Corozzo.
‘When you see a judge who is willing to basically double the sentencing recommendation of the prosecution, then that’s a little bit concerning, obviously, for any defense attorney,’ defense lawyer Peter Tilem told Politico.
Biden too will be facing a sentence for a first offense, but the waters are muddied further by the fact that ‘these cases usually end in plea deals, not jury verdicts’ according to former federal prosecutor Ankush Khardori.
The president’s son rejected a plea deal last year which would have seen him perhaps avoid jail time for both the gun charges and the tax charges he faces trial over in Los Angeles later this year.
Larry Levine now helps wealthy felons reduce their prison time through his firm Wall Street Prison Consultants, and thinks Biden would most likely serve a sentence in a ‘laid back’ facility not far from his Malibu home.
‘My guess is they would send him to Lompoc,’ the former inmate told the New York Post.
‘It’s not like you’re going to summer camp, but they don’t lock the doors. It’s a lot of white collar people hanging out, talking about their crimes.’
According to sentencing data, a defendant comparable to Hunter Biden – but who accepted responsibility – would see a suggested range of 10 to 16 months in prison.
In practice, just 30 percent of people in that category were handed probation with no prison time, according to data from 2019 to 2023.
Biden, however, plead not guilty and did not accept responsibility by bringing the case to trial – meaning his sentence will be hinged on technical details seen throughout the case, and now, the discretion of his presiding judge.
President Joe Biden spoke to his son as Hunter headed to Delaware on Tuesday
Larry Levine of Wall Street Prison Consultants thinks Biden would most likely serve a sentence in the ‘laid back’ FCI Lompoc facility not far from his Malibu home
Professor Jessica Levinson of Loyola Law School, told CBS News that Biden could now expect some jail time on the gun charges but ‘nobody should expect a quarter century’.
Tom Dupree, a former principal deputy assistant attorney general in the Justice Department predicted a sentence of a year or two.
But Jeffrey Brown, a former co-chief of the general crimes unit in the Manhattan US attorney’s office said the chances of a prison sentence are ‘pretty low’.
Mark Scarsi – also a Trump appointed judge – will oversee Biden’s tax case in Los Angeles
He argued that Biden’s lack of a criminal record, the rarity of the charges coming to trial and testimonials from powerful people would all weigh on the judge’s mind.
‘I think he has a lot of sympathetic factors in his favor that would argue for a non-incarceratory sentence,’ he explained.
‘I’d be surprised if there’s a lot of precedent for people going to trial, getting convicted and sentenced to prison for this offense.’
Trial is due to start in September on the tax case which include six misdemeanor charges and three felonies and carry a maximum of 17 years in prison.
His father President Joe Biden has pledged not to use his executive authority to either pardon his son or commute his sentence.
‘I will accept the outcome of this case and will continue to respect the judicial process as Hunter considers an appeal,’ he said last week.
‘Jill and I will always be there for Hunter and the rest of our family with our love and support. Nothing will ever change that.’
