Judge presiding over Hunter Biden's gun trial imposed double the recommended sentence in similar case
WILMINGTON, DELAWARE: As Hunter Biden's highly anticipated gun case commenced on June 3, all eyes are on US District Court Judge Maryellen Noreika, who has a reputation for handing down stern sentences in similar cases.
The judge, appointed by former President Donald Trump, faces considerable public scrutiny, especially in light of her recent decision to double the recommended sentence for another gun-related crime.
Judge Maryellen Noreika's stringent sentencing history
Judge Noreika made headlines for her tough stance in a gun crime case. On May 2, she sentenced Zhi Dong to a year in prison, doubling the six-month sentence suggested by prosecutors. Dong was accused of lying about his address on government forms when purchasing firearms in Delaware.
Despite the prosecutors' argument that Dong's lack of a prior criminal record and cooperation warranted a lighter sentence, Noreika decided otherwise.
Dong had purchased 19 pistols and 10 lower receivers using a Newark, Delaware address and a state driver's license. His activities raised suspicions among gun shop owners, who contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Following an investigation, Dong admitted to transporting the firearms to California and confessed he was not a Delaware resident. Although law enforcement recovered 28 of the 29 guns, Noreika viewed his actions as indicative of firearm trafficking, warranting a harsher penalty.
Prosecutors argued that Dong's six-month sentence was adequate, highlighting his clean record and cooperation. "His only run-in with law enforcement appears to be traffic-related and was dismissed," they noted. Moreover, they emphasized that Dong was legally allowed to own guns and had pleaded guilty to the charges.
They pointed out that the individual accompanying Dong to California was the mastermind behind the operation.
"Because of the nature and circumstances of this offense, as well as Defendant's personal history and characteristics, the government submits that a sentence of 6 months - which represents a downward variance from the sentencing guidelines range - is sufficient but not greater than necessary to accomplish the goals of sentencing," prosecutors said.
Despite these arguments, Noreika felt a longer sentence was necessary to address the seriousness of the crime.
Peter Tilem, a Manhattan defense lawyer experienced in gun cases, advised caution for Hunter Biden’s defense team. "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," Tilem told Politico.
Hunter Biden's case differs significantly from Dong’s. He is accused of purchasing a single firearm, which federal sentencing guidelines treat less harshly than crimes involving multiple firearms.
Additionally, Biden's gun was not used in any criminal activity. In a bizarre twist, Hallie Biden, the widow of Beau Biden, disposed of the gun in a trashcan outside a Wilmington grocery store in 2018. This act added a layer of complexity to the case but did not involve any illegal use of the firearm.
Judge Maryellen Noreika: A closer look
Judge Maryellen Noreika’s background adds depth to the scrutiny of Hunter Biden's case. Appointed by then-President Trump in December 2017, she received support from Delaware’s Democratic senators, Tom Carper and Chris Coons.
Carper described her as a "highly-respected, sought-after" attorney with extensive legal knowledge. Coons praised her "impressive trial skills, deep experience in federal practice, and profound respect for the law."
A voice vote in the Senate in August 2018 confirmed that Noreika brought a wealth of experience from her time in private practice. She was a patent litigator and partner at the Delaware law firm Morris, Nichols, Arsht & Tunnell, where she worked on cases across various industries, including pharmaceuticals, biotechnology, and telecommunications.
Her educational background includes a bachelor's degree from Lehigh University, a master's degree from Columbia University, and a law degree from the University of Pittsburgh.
Judge Noreika's judicial career has not been without notable decisions. In March, she ruled that a defamation lawsuit filed by Hunter Biden's laptop repairman against CNN, Politico, and Hunter Biden could proceed, while dismissing an attempt to sue Democratic Rep. Adam Schiff.
Noreika's political donations reveal a bipartisan approach. Although she has supported candidates from both parties, her contributions to Republican Senator Tom Cotton and former Senator Rick Santorum, as well as to Mitt Romney's presidential campaign, reflect her conservative leanings.
However, she also donated to the Democratic Senatorial Campaign Committee and both Hillary Clinton and John McCain's presidential campaigns in 2008, per CBS News.
