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063534P.pdf   12/06/2007  USA  v.  Carl Wiley
   U.S. Court of Appeals Case No:  06-3534
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Colloton, Author, with Arnold and Gruender, Circuit
   Judges]
   Criminal case - Sentencing. Defendant did not forfeit his ability to
   challenge the reasonableness of his sentence when he failed to make an
   objection to the length of the sentence after the court decided at the
   sentencing proceeding to vary upward from the advisory Guidelines
   range; given that the Guidelines took into account defendant's recidivism
   and his commission of the offense while incarcerated, the recommended
   sentence range did not so substantially under-represent the seriousness of
   defendant's criminal history as to justify imposing a sentence almost
   twice as long as the top of the advisory Guidelines range; 60 month
   sentence on this record was unreasonable, and the matter is remanded for
   resentencing. Judge Gruender, concurring.