Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:18-cr-00396-1—John R. Adams, District Judge.
Argued: October 24, 2019
Decided and Filed: May 27, 2020
Before: CLAY, STRANCH, and MURPHY, Circuit Judges.
JANE B. STRANCH, Circuit Judge. Eduardo Perez-Rodriguez, a citizen of Mexico, was
sentenced to 24 months in prison for one count of illegal reentry in violation of 8 U.S.C. § 1326.
The district court applied an upward variance that more than doubles the middle of his 8- to
14-month Guidelines range. Perez-Rodriguez challenges the substantive reasonableness of the
upward variance and argues that the district court considered facts outside the record in selecting
his sentence. Because Perez-Rodriguez’s sentence was substantively unreasonable, we
REVERSE the district court’s judgment and REMAND for resentencing.