The United States Court of Appeals for the Third Circuit refused to throw out Hunter Biden’s indictment on federal gun charges in a court document released Thursday.

The president’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.”

Hunter 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 Hunter Biden’s legal team should remain in effect.