Former Hunter Biden Business Partner Devon Archer Scores Legal Win With Resentencing Ruling

Devon Archer, a former Hunter Biden business partner, has emerged as an important figure in the investigation of Biden family corruption. He was most famous for his testimony in a closed session before Congress last July. He also gave a long interview to Tucker Carlson.

Archer has also had to deal with his legal troubles, such as his 2018 federal conviction for defrauding the Oglala Sioux tribe of $60 million from bond sales proceeds. The trial judge vacated the conviction and ordered a new one. In October 2020, the Second Circuit ruled to reinstate it. In 2022 he was given a one-year prison sentence. The Supreme Court dismissed his appeal in January 2024.

Archer’s story is not over. A federal judge vacated Archer’s sentence on Wednesday and ordered that he be resentenced.

Archer, 49 had requested Manhattan federal judge Ronnie Abrams to vacate his 2022 prison term in the case due to a calculation error in sentencing guidelines that his defense counsel did not notice and because he cooperated with congressional investigations relating to President Biden’s alleged involvement in foreign business dealings by his family.

Abrams wrote that in her nine-page opinion, “[T]he Court grants Archer’s habeas petition, vacates the sentence and sets this case for resentencing.”

She agreed with Archer that the failure of his counsel to object to incorrect sentencing guides, which prosecutors admitted missed the mark met the legal standard of “ineffective representation by counsel”. Archer had been “prejudiced” by the deficient representation provided by his counsel.

The fact that Archer provided testimony and cooperated with Congress could play a part in any new sentences.

Matthew Schwartz, Archer’s lawyer, had told Abrams his client performed “substantial civil duties” by “extensive cooperating with federal investigators” during the Biden probe. His cooperation should be considered when deciding on a resentencing.

Schwartz wrote: “The Court, when deciding on a resentencing for Mr. Archer, should take into account his changed circumstances, his good faith participation in various government investigations, his commitment to charitable causes, and his record of perfect pretrial release during the past eight years.”

The date of the resentencing is yet to be set.