![]() Attorney for Delaware’s office, which is prosecuting Biden, declined to comment while the U.S. “Other factors would go into the actual sentence and what a prosecutor would recommend, including prior convictions,” Kirchmeier wrote. But, like the other legal experts, he stressed the maximum penalty is just the highest punishment allowable under the law. Kirchmeier added that the three charges, while distinct, also carry the same maximum penalty, as do all violations under the federal firearms statute. 922 (g)(3) and Kapri was charged under 18 U.S.C. 922(g)(1), while Hunter Biden was charged under 18 U.S.C. The difference, he explained in an email, is the subsection of the law each was charged.Ĭarter was charged under 18 U.S.C. 922 - dealing with various firearms violations. Jeffrey Kirchmeier, professor at the City University of New York School of Law, acknowledged all three were technically charged under the same federal statute - 18 U.S.C. “The comparison with Kodak Black’s case in Florida is a red herring,” Cheryl Bader, a former federal prosecutor who now runs the Criminal Defense Clinic at Fordham Law, wrote in an email.Ĭapers agreed: “Comparing Hunter to someone with a different criminal history and the target of a different criminal investigation will always be on par with comparing apples to oranges.” 38 Special, for 11 days in October 2018 despite knowing he was a drug user. He was charged with possessing a handgun, a Colt Cobra. His legal troubles haven’t abated, either: Kapri is currently awaiting trial on a charge of trafficking oxycodone.īiden, on the other hand, is a first time offender. Convicted felons are barred under federal law from possessing firearms.Īnd Kapri’s lengthy rap sheet at the time of his 2019 arrest included a variety of felonies, including a one-year prison sentence in New York after being found with weapons and drugs at the U.S.-Canada border. “A federal prosecutor looks at a person’s prior arrests, a person’s prior convictions, and also looks at what else the defendant can be charged with.”Ĭapers and other experts noted that Carter had already been sentenced to eight months in prison more than a decade prior for another felony gun charge. “It’s really not a fair comparison, since plea deals turn on way more than the actual charge,”īennett Capers, a former federal prosecutor who now heads the Center on Race, Law, and Justice at Fordham Law, wrote in an email. Former President Donald Trump granted Carter a full pardon just days before he was to be sentenced, and commuted Kapri’s sentence as part of a flurry of clemencies shortly before leaving office in January 2021.
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