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