Supreme Court declines ex-Hunter Biden associate Devon Archer’s fraud appeal

The Supreme Court on Monday declined to weigh an appeal by ex-Hunter Biden associate Devon Archer, who sought to avoid prison after a lower court found he defrauded a Native American tribe.

Archer was sentenced to a year and one day in prison by a federal grand jury in New York in June 2018 for fraudulently issuing and selling more than $60 million in tribal bonds, and he appealed to the highest court in an attempt to avoid serving a one-year prison sentence.

Devon Archer and Hunter Biden.
Devon Archer and Hunter Biden. (AP Photos)

In November 2018, Archer’s petition was overturned by U.S. District Judge Ronnie Abrams, who upheld the convictions of Archer’s two co-defendants while ruling there wasn’t enough evidence against him.

However, the U.S. Court of Appeals for the 2nd Circuit reinstated Archer’s conviction in 2020. The high court only accepts a handful of petitions out of thousands filed each year, and it rejected an earlier appeal from Archer in 2021.

Archer’s lawyers argued in their most recent Supreme Court petition that there were important legal questions that remained unresolved, such as whether “district courts [have] discretion to reweigh the evidence when evaluating a new trial motion, as eleven other federal courts of appeals have held to varying degrees, or whether the rule requires a district court to defer to the verdict unless there is some concern beyond the weight of the evidence, as the Second Circuit held in this case.”

Attorneys for Archer also said the district court had made a “simple arithmetic error” in calculating the sentencing guidelines and that it had resulted in a higher sentencing range, asking the justices to rule that the district court was wrong, according to his petition.

Although President Joe Biden‘s son had nothing to do with the case at hand on Monday, Archer told the House Oversight Committee on July 31 that the then-vice president had numerous interactions with his son’s business partners, including roughly 20 speakerphone calls with the president during Hunter Biden’s business meetings.

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The decision by the high court not to take the case means Archer will likely have to serve the remainder of his sentence.

Archer has also been ordered to hand over $15.7 million and pay $43.4 million in restitution.

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