Devon Archer, the former business partner of Hunter Biden, is seeking a reduction in his one-year prison term for defrauding a Native American tribe.
He cites his cooperation in congressional investigations of the Biden family as grounds for this request.
Archer’s lawyer has highlighted his “substantial civic duties,” including cooperating with federal investigators and testifying before the House Committee on Oversight and Accountability.
The attorney argued for a resentencing, emphasizing Archer’s changed circumstances and continued participation in various governmental investigations.
This comes after Archer’s 2018 conviction for involvement in selling fraudulent bonds, which was later reinstated by the 2nd U.S. Circuit Court of Appeals.
“Before setting a report date for Mr. Archer, we respectfully request that the Court instead first take up the undisputed Guidelines calculation error from his sentencing, grant him habeas relief, and proceed to resentencing,” attorney Matthew Schwartz wrote.
“For the foregoing reasons, Mr. Archer respectfully requests that the Court grant Mr. Archer habeas relief, vacate his sentence, and proceed to immediate resentencing after giving the parties an opportunity to submit supplemental sentencing memoranda that would permit the Court to take into account Mr. Archer’s changed circumstances since Mr. Archer’s February 28, 2022 sentencing,” Schwartz said.
“Among other things, Mr. Archer met with prosecutors from the District of Delaware and Main Justice and testified before a grand jury there in connection with the investigation of Hunter Biden (and presumably will be called as a witness in the ongoing prosecution of Mr. Biden, should it proceed to trial), and he also voluntarily testified before the House Committee on Oversight and Accountability regarding its investigation into the Biden family’s domestic and foreign business dealings.”
“The Court should consider, in any resentencing, Mr. Archer’s changed circumstances and continued and good-faith participation with various governmental investigations, as well as his continued commitment to charitable and educational causes, and of course his flawless record on pretrial release over the course of nearly eight years,” Schwartz wrote.
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