First Son Hunter Biden’s journey to a federal prison drew one step closer on Monday after a court rejected his appeal to have his previous plea agreement enforceable.

Hunter —who has been under Tax investigations for years, asked that a federal district judge in California’s Central district enforce his previous sweetheart deal. Despite multiple witnesses testifying that the Justice Department gave the first son preferential treatment, Hunter’s attorney, Abbe Lowell, argued that President Joe Biden’s Justice Department targeted him selectively.

However, Judge Scarsi ruled Monday that the deal was null and void as the conditions to which the deal was made had yet to be met before it fell apart.

The judge also ruled that Hunter’s selective prosecution argument fails to present a reasonable inference, let alone clear evidence, of discriminatory effect and discriminatory purpose.

“Accordingly, the selective prosecution claim fails,” Scarsi ruled.

Hunter’s previous deal, widely referred to as the sweetheart deal, required him to plead guilty to not paying taxes on more than $1.5 million in income in 2017 and 2018. In exchange for his guilty plea, the first son will get probation instead of a lengthy prison sentence. The deal also comes with a provision that would have essentially wiped out potential felony gun violations from his record.

The deal, however, fell apart in July after Judge Maryellen Noreika —who was supposed to rubber-stamp the deal, raised some concerning questions. Under questioning, Hunter’s lawyers and federal prosecutors, led by Special Counsel David Weiss, failed to agree on the extent of the first son’s immunity.

According to Political Intel, Hunter’s lawyer believed that the deal would provide the first son blanket immunity on other criminal charges, including future charges. Noreika then asked prosecutors if the DOJ planned on bringing future charges, to which they responded yes.

Judge Noreika refused to sign the deal, stating that she could not accept the agreement under its structure, which made her just a rubber stamp. Noreika also added that it was inappropriate for the first son to get immunity for offenses that are still under investigation.

The judges also questioned the constitutionality of the deal, noting that the deal required her to exercise the power of the executive if Hunter ever breached the terms of the agreement.