In June, Biden was found guilty on three gun charges after a six-day jury trial over which U.S. District Judge Maryellen Noreika presided. Special counsel David Weiss led the prosecution.
The U.S. Probation Office was ordered to prepare a presentence investigation report and share it with Biden, his attorneys, and the prosecution by Sept. 24, or 50 days before sentencing, but the recommendation for sentencing will not be shared with the parties or made public.
They have two weeks after receiving the report to file any objections, and a final report may be issued after.
The parties have a Nov. 6 deadline to submit sentencing memos to the court, and an Oct. 30 deadline to file any request for an evidentiary hearing before the sentencing.
Biden was charged with illegally possessing a firearm and lying on the application form when he said he was not a drug user or addict when he made the purchase.
The purchase was made in 2018, during a time when Biden wrote in his memoir that he was addicted to drugs and actively using crack cocaine.
Text messages shown at trial and witness testimony convinced the jury of his drug use.
Biden has also moved to dismiss the case, arguing the special counsel was unconstitutionally appointed. In making their case, Biden’s attorneys cited the recent dismissal of a case against former President Donald Trump by special counsel Jack Smith, where a court found his appointment unconstitutional.
The judge has not yet ruled on Biden’s post-trial motion.
The maximum sentence Biden could face is 25 years in prison and $750,000 in fines. However, he is a first-time offender and not likely to receive the maximum sentence.
President Joe Biden has said he would not issue a pardon for his son and would accept the jury’s verdict.
Biden is also set to go on trial on Sept. 5 in California on tax charges.
Weiss is also prosecuting this case, and prosecutors say they have already lined up about 30 witnesses.
Three of the nine charges are felonies and six are misdemeanors. The maximum sentence in this case is 17 years in prison.