Filed: Oct. 23, 2019
Latest Update: Mar. 03, 2020
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 18-2213 _ UNITED STATES OF AMERICA v. ERIC BOSH, Appellant _ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Criminal No. 2-11-cr-00042-012) District Judge: Honorable Arthur J. Schwab _ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) April 30, 2019 Before: RESTREPO, ROTH and FISHER, Circuit Judges. (Filed: October 23, 2019) _ OPINION * _ FISHER, Circuit Judge. * This disp
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 18-2213 _ UNITED STATES OF AMERICA v. ERIC BOSH, Appellant _ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Criminal No. 2-11-cr-00042-012) District Judge: Honorable Arthur J. Schwab _ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) April 30, 2019 Before: RESTREPO, ROTH and FISHER, Circuit Judges. (Filed: October 23, 2019) _ OPINION * _ FISHER, Circuit Judge. * This dispo..
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
____________
No. 18-2213
____________
UNITED STATES OF AMERICA
v.
ERIC BOSH,
Appellant
____________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Criminal No. 2-11-cr-00042-012)
District Judge: Honorable Arthur J. Schwab
____________
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
April 30, 2019
Before: RESTREPO, ROTH and FISHER, Circuit Judges.
(Filed: October 23, 2019)
____________
OPINION *
____________
FISHER, Circuit Judge.
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does
not constitute binding precedent.
Eric Bosh violated the terms of his supervised release and was sentenced to 24
months in prison followed by 36 months of supervised release. He appeals his
sentence. We will affirm. 1
Bosh argues that his sentence is substantively unreasonable because the District
Court did not take into account the entirety of the circumstances. The record reflects,
however, that the District Court considered the circumstances, as it was required to
do. 2 The court stated that the sentence was “sufficient but no greater than necessary to
achieve the sentencing goals of rehabilitation, punishment and deterrence,” and that it
was “warranted in light of the serious and violent nature” of Bosh’s supervised release
violation—assaulting his girlfriend and her children. 3 The court ordered that Bosh
attend a domestic abuse program in prison, if possible, saying that he “seem[ed] to
trivialize” the assault. 4 It described the assault as “criminal conduct that caused harm
and could have caused a lot greater harm.” 5 Finally, the court said, “I do want to
compliment you that you’ve been working, and that’s good; and . . . there’s certainly
no record to show that you’re [back on drugs]. So on those two points I encourage
you.” 6 These statements show that the District Court considered the entirety of the
circumstances.
1
The District Court had jurisdiction pursuant to 18 U.S.C. § 3231. We have
jurisdiction pursuant to 28 U.S.C. § 1291.
2
18 U.S.C. § 3583(e) (when imposing sentence after revocation of supervised release,
court considers statutory factors including those set forth in 18 U.S.C. § 3553(a)(1));
id. § 3553(a)(1) (factors include defendant’s history and characteristics).
3
Ohio App. 173; compare 18 U.S.C. § 3553(a).
4
Ohio App. 175.
5
Id.
6
Id.
2
Bosh’s arguments do not change the picture. His assertions that the incident
was “very unusual” (because Bosh had assaulted his girlfriend only once before, by
pushing her) and that he was arrested without further violence do not show that the
District Court failed to consider all the facts. In addition, the record amply supports
the court’s finding that Bosh trivialized the incident. Far from accepting
responsibility, the only thing he accepted was that “something occurred” that was
“blown out of proportion [by] all parties.” 7 Finally, Bosh does not demonstrate that
the sentence was unreasonable by arguing that he did not harm anyone with the knife
he introduced into the situation, or by pointing out that the knife was used on him.
Those facts actually show the serious and disturbing nature of the incident: the assault
was so terrifying that a thirteen-year-old child found the strength to stab Bosh in the
arm in order to protect herself and her family.
We review the substantive reasonableness of a sentence deferentially, asking
only whether—given all the circumstances—the District Court abused its discretion. 8
To win on appeal, Bosh would need to show that “no reasonable sentencing court”
would have imposed the same sentence for the same reasons the District Court stated. 9
He has not done so. Therefore, we will affirm.
7
Ohio App. 170.
8
Gall v. United States,
552 U.S. 38, 51 (2007).
9
United States v. Tomko,
562 F.3d 558, 568 (3d Cir. 2009).
3