212346P.pdf   07/28/2022  United States  v.  James Miller, Jr.
   U.S. Court of Appeals Case No:  21-2346
   U.S. District Court for the Eastern District of Arkansas - Central   
   [PUBLISHED] [Kobes, Author, with Grasz and Stras, Circuit Judges] 
   Criminal case - Sentencing. The district court provided an adequate 
   explanation for defendant Miller's sentence, an upward variance, and it 
   did not commit plain error by failing to explain the sentence; Miller's 
   sentence was substantively reasonable, and it is affirmed; here, where 
   defendant Few was a member of a conspiracy that stole cash machines in 
   Arkansas and Oklahoma, it was not clearly erroneous to include the 
   Oklahoma burglaries in the calculation of the amount of loss; the evidence 
   was sufficient to support the district court's decision to hold him 
   responsible for the conspiracy's crimes, even if he was not physically 
   present when they were committed; the district court did not err in 
   ordering restitution for the Oklahoma losses; the district court did not 
   plainly err in calculating the loss amount based on the replacement value 
   of the ATMs damaged in the burglaries, rather than their fair market 
   value.