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Hunter Biden’s former business partner Devon Archer to be sentenced: judge

Devon Archer, the scandal-scarred former business partner of first son Hunter Biden, will be resentenced after already being sentenced to a year in prison for defrauding a Native American tribe, a federal judge ruled Wednesday.

Archer, 49, had asked Manhattan federal Judge Ronnie Abrams in February to vacate his 2022 prison sentence in the case for an error in calculating sentencing guidelines that his defense attorney had not noticed, and in light of its cooperation in congressional investigations related to President Biden’s allegations. participation in his family’s foreign affairs.

“(T)he Court grants Archer’s request for habeas, vacates his sentence, and submits this case to resentencing,” Abrams wrote in his nine-page opinion.

She agreed with Archer’s assertion that his attorney’s failure to object to the incorrect sentencing guidelines, which prosecutors acknowledged missed the mark, met the legal standard of “ineffective assistance of counsel” and that Archer was “prejudiced by the deficient representation of his counsel.”

Devon Archer
Archer was convicted in June 2018 of conspiracy to commit securities fraud and securities fraud. Julia Nikhinson – CNP for NY Post / MEGA

Archer and two other Burnham Financial Group executives were convicted by a jury in June 2018 of conspiracy to commit securities fraud and securities fraud.

Prosecutors accused Archer and his co-defendants of purchasing more than $60 million worth of bonds from the Oglala Sioux, but instead of using them as an annuity, they used them to “build a mega-financial services company.” .

Hunter Biden was Burnham’s vice president and earned up to $200,000, but was not involved in the scheme.

Archer’s conviction was overturned in November 2018 by Abrams, who ruled there was insufficient evidence against him while upholding the convictions of his two co-defendants.

The 2nd Circuit Court of Appeals reinstated Archer’s conviction in 2020, and the Supreme Court declined to hear his appeal in the case in January.

Archer testified before the House Oversight Committee last July, implicating President Biden, 81, in many of his son’s foreign dealings.

Hunter Biden
Archer told lawmakers last year that Joe Biden was on speakerphone during about 20 of Hunter’s overseas business meetings. Rod Lamkey – CNP for the NY Post

Among the evidence Archer provided to lawmakers was his knowledge that the elder Biden was on speakerphone during about 20 of Hunter’s overseas business meetings.

Archer’s lawyer, Matthew Schwartz, had argued to Abrams that his client had performed “substantial civic duties” through his “extensive cooperation with federal investigators” in the Biden investigation, and that his usefulness in the investigation should be taken into account when considering a new conviction.

“The Court should take into account, in any re-sentencing, Mr. Archer’s changed circumstances and his continued good faith participation in various government investigations, as well as his continued commitment to charitable and educational causes, and confident of his flawless record on provisional release over the past few years. course of almost eight years,” Schwartz wrote.

Abrams requested that Archer’s attorney and federal prosecutors submit proposed dates for Archer’s resentencing hearing no later than May 22.

New York Post

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