Well, that didn't take long. Fresh on the heels of Special Counsel David Weiss's barb-tastic takedown of their efforts to obtain a new trial on jurisdictional grounds in his Delaware gun trial, Hunter Biden's legal team has now withdrawn the motion. 

Let's review the pertinent chronology here: 

BREAKING: Jury Finds Hunter Biden Guilty on All Counts

Now You See It, Now You Don't: Hunter Biden Legal Team Files
Motion for New Trial Then Abruptly Rescinds

Bold Strategy, Cotton: Hunter Biden's Legal Team Requests New Trial
in Gun Case...on Interesting Grounds

Govt. Responds to Hunter Biden's 'Laughable Tale' in Support of
His Motion for New Trial...and Ouch!

I'm probably far too entertained by this whole thing, but to me, the withdrawal notice carries the distinct whiff of sheepishness:

Referencing the procedure used by the Clerk of the Third Circuit explained in the Special Counsel’s opposition, Mr. Biden withdraws his Rule 33 motion for a new trial based on the absence of a mandate. Federal Rule of Appellate Procedure 41(b) requires that a mandate “must issue” within seven days after certain decisions concerning an appeal have passed, while noting that a Court of Appeals can “shorten or extend the time [for doing so] by order.”1 The Third Circuit usually does the same, issuing a mandate after an appeal has been dismissed for lack of jurisdiction.

However, no mandate was issued by the Third Circuit. Instead, the Clerk of the Court’s signature block, not the Order itself, contains “Certified Order Issued in Lieu of Mandate” language. As it appears that the Third Circuit views issuing a certified order “in lieu” of a mandate as compliant with Rule 41’s procedure for shortening the time for issuance of a mandate, Mr. Biden withdraws his motion.

One suspects Biden's lawyers thought better of waiting for Judge Maryellen Noreika's ruling on their motion in light of the spanking issued Monday by the Special Counsel's continuing legal education memo. 

If the first rule of litigation is "Don't piss off the judge," the second is "Familiarize yourself with the local rules, customs, and practices of whatever court you're in, so you don't make a fool of yourself."