The United States Court of Appeals for the Third Circuit has denied Hunter Biden's appeal regarding the indictment on federal gun charges in a court document released Thursday.

Biden's son is set to stand trial next month in Delaware.

"The defendant in this criminal case appealed three pretrial orders entered on April 12, 2024, denying his motions to dismiss the indictment," the court document released Thursday states. "This appeal is DISMISSED because the defendant has not shown the District Court’s orders are appealable before final judgment."

Biden's lawyers filed the motion in federal court earlier this year, arguing that a diversion agreement previously agreed to by the Department of Justice, and Biden's legal team should remain in effect.

Hunter was indicted last year for purchasing a revolver in 2018 while actively using narcotics. He faces three felony charges related to the incident, and has pleaded not guilty to all counts.

Hunter Biden has acknowledged his struggles with substance abuse during that period, including crack cocaine, but his lawyers have said he did not break the law and another nonviolent, first-time offender would not have been charged.

He was indicted after a plea deal that would have resolved the case without the spectacle of a trial imploded in July 2023, when a judge who was supposed to approve it instead raised more questions. 

Biden's attorneys have since sought to have the case tossed out by arguing that prosecutors bowed to political pressure after the agreement was publicly pilloried by Republicans – including former President Trump – as a "sweetheart deal."

Biden’s attorneys also argued that immunity provisions from the original deal are still in effect, and defense attorney Abbe Lowell pressed Judge Noreika to make a final ruling on the matter.

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