United States of America v. Jamal Eberhardt

222804npjo-pdfCourt of Appeals for the Third CircuitDec 5, 2023

Full text

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.

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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

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