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U.S. v. WILEY

No. 06-3534.

509 F.3d 474 (2007)

UNITED STATES of America, Appellee, v. Carl WILEY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 6, 2007.

Attorney(s) appearing for the Case

Richard L. Hughes, argued, John C. Stratford, on the brief, Little Rock, AR, for appellant.

Patricia S. Harris, AUSA, argued, Joe J. Volpe, AUSA, on the brief, Little Rock, AR, for appellee.

Before COLLOTON, ARNOLD, and GRUENDER, Circuit Judges.

COLLOTON, Circuit Judge.

Carl Wiley pled guilty to conspiracy to commit commercial check fraud, in violation of 18 U.S.C. §§ 371 and 513(a). The district court sentenced him to a term of 60 months' imprisonment, which represented an upward variance from the advisory guideline range of 27 to 33 months. Wiley appeals, arguing that the sentence is unreasonable with regard to 18 U.S.C. § 3553(a). We vacate the sentence and remand for resentencing.

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