United States v. Eberhardt

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 23 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 24-6773 D.C. No. Plaintiff - Appellee, 1:21-cr-00101-JAO-1 v. MEMORANDUM* GABRIEL ANTONE EBERHARDT, Defendant - Appellant. Appeal from the United States District Court for the District of Hawaii Jill A. Otake, District Judge, Presiding Submitted December 17, 2025** Before: PAEZ, CHRISTEN, and KOH, Circuit Judges. Gabriel Antone Eberhardt appeals from the district court’s judgment and challenges his guilty-plea conviction and aggregate 360-month sentence for conspiracy to distribute controlled substances in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(i), (vi), (viii), and 846; possession of a firearm in * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A); and felon in possession of a firearm in violation of 18 U.S.C. §§ 2 and 922(g)(1). Eberhardt’s counsel filed a brief under Anders v. California, 386 U.S. 738 (1967), stating that there are no non-frivolous arguments for appeal. Eberhardt has not filed a pro se supplemental brief. In the plea agreement, Eberhardt waived his right to appeal the conviction and sentence. Our independent review of the record, see Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no non-frivolous issue as to whether the appeal waiver is enforceable. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We therefore dismiss the appeal. See id. at 988. Counsel’s motion to withdraw is granted. DISMISSED. 2 24-6773