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U.S. v. PEREZ-RODRIGUEZ

No. 18-4203.

960 F.3d 748 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Eduardo PEREZ-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 27, 2020.

Attorney(s) appearing for the Case

ARGUED: Barry J. McWhirter , MCWHIRTER LAW FIRM, PLLC, Memphis, Tennessee, for Appellant. Danielle Angeli Asher , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee. ON BRIEF: Barry J. McWhirter , MCWHIRTER LAW FIRM, PLLC, Memphis, Tennessee, for Appellant. Danielle Angeli Asher , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee.

STRANCH, J., delivered the opinion of the court in which CLAY, J., joined. MURPHY, J. (pp. 758-61), delivered a separate dissenting opinion.

OPINION

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...

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