United States v. Jamal Eberhardt

• Court: Court of Appeals for the Third Circuit
• Decided: December 5, 2023
• Docket: 22-2804
• Status: Unpublished

Opinion

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

No. 22-2804 _____________

UNITED STATES OF AMERICA

v.

JAMAL EBERHARDT, Appellant _______________

On Appeal from the United States District Court for the Eastern District of Pennsylvania (No. 2-21-cr-00393-001) U.S. District Judge: Honorable Gerald A. McHugh _______________

Submitted Under Third Circuit L.A.R. 34.1(a) December 4, 2023 _____________

Before: SHWARTZ, CHUNG, and McKEE, Circuit Judges. _____________

JUDGMENT ORDER _____________

This cause came to be considered on the record from the United States District

Court for the Eastern District of Pennsylvania and was submitted pursuant to Third

Circuit L.A.R. 34.1(a) on December 4, 2023.

The Appellant challenged his sentence on appeal. The Court has determined that

the sentence imposed is both procedurally and substantively reasonable. United States v. Tomko, 562 F.3d 558, 566 (3d Cir. 2009) (en banc); see also Rita v. United States, 551

U.S. 338, 347 (2007) (a guideline sentence is presumptively reasonable); United States v.

Gunter, 462 F.3d 237, 247 (3d Cir. 2006) (elements of procedural reasonableness

analysis).

Accordingly, it is hereby ORDERED and ADJUDGED that the judgment of the

District Court entered on September 23, 2022 is hereby AFFIRMED.

By the Court,

s/ Patty Shwartz Circuit Judge

ATTEST:

s/Patricia S. Dodszuweit Clerk

Dated: December 5, 2023