United States v. Rudolph A. McClellan, 164 F.3d 308 (6th Cir. 1999). · Go Syfert
United States v. Rudolph A. McClellan, 164 F.3d 308 (6th Cir. 1999). Cases Citing This Book View Copy Cite
248 citation events (244 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Elmer Rodrigo Camel-Chilel (ca6, 2023-10-16)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Elmer Rodrigo Camel-Chilel
6th Cir. · 2023 · signal: cf. · confidence medium
Cf. United States v. Krupa, 2021 WL 4860153 , at *3 (6th Cir. Oct. 19, 2021) (noting that the sentencing court “need not, however, engage in a ‘ritualistic incantation’ or ‘make specific findings relating to each of the factors considered’” to survive a challenge for procedural unreasonableness (quoting United States v. McClellan, 164 F.3d 308, 310 (6th Cir. 1999))).
cited Cited as authority (rule) United States v. Corey Suggs
6th Cir. · 2021 · confidence medium
Bolds, 511 F.3d at 580 (citing United States v. McClellan, 164 F.3d 308, 310 (6th Cir. 1999)); United States v. Jackson, 408 F.3d 301, 305 (6th Cir. 2005).
discussed Cited as authority (rule) United States v. Rocky Krupa
6th Cir. · 2021 · confidence medium
The district court need not, however, engage in a “ritualistic incantation” or “make specific findings relating to each of the factors -5- Case No. 21-1080, United States v. Krupa considered.” United States v. McClellan, 164 F.3d 308, 310 (6th Cir. 1999) (quoting United States v. Washington, 147 F.3d 490, 491 (6th Cir. 1998)).
discussed Cited as authority (rule) United States v. Anthony Wallace
6th Cir. · 2020 · confidence medium
But the district court “need not explicitly reference each of the § 3553(a) factors,” United States v. Battaglia, 624 F.3d 348, 351 (6th Cir. 2010), in a “ritualistic incantation,” Bolds, 511 F.3d at 580 (quoting United States v. McClellan, 164 F.3d 308, 310 (6th Cir. 1999)).
discussed Cited as authority (rule) United States v. Daniel Fleischer
6th Cir. · 2020 · confidence medium
When evaluating the substantive reasonableness of a sentence, we consider “the district court’s rationale for concluding that the sentence imposed is sufficient, but not greater than necessary to comply with the purposes of sentencing set forth in 18 U.S.C. § 3553 (a).” Bolds, 511 F.3d at 580 (quoting United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999)).
cited Cited as authority (rule) United States v. Devin Gordon
6th Cir. · 2019 · confidence medium
Bolds, 511 F.3d at 580 (quoting United States v. McClellan, 164 F.3d 308, 310 (6th Cir. 1999)).
cited Cited as authority (rule) United States v. Desera Allen
6th Cir. · 2016 · confidence medium
The court need not “make specific findings related to each of the factors considered.” Bolds, 511 F.3d at 580 (quoting United States v. McClellan, 164 F.3d 308, 310 (6th Cir. 1999)).
discussed Cited as authority (rule) United States v. Donald Jessie
6th Cir. · 2016 · confidence medium
First, although our Circuit has in some cases “presume[d]” that the district court “considered the recommended sentencing range set forth in the policy statements” when the district court “reviewfed] the supervised release violation report” containing the recommended range of imprisonment, United States v. McClellan, 164 F.3d 308, 310 (6th Cir. 1999), this presumption does not save the district court’s sentence here.
cited Cited as authority (rule) United States v. Timothy Daniels
6th Cir. · 2016 · confidence medium
The court need not “make specific findings related to each of the factors considered.” Bolds, 511 F.3d at 580 (quoting United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999)).
discussed Cited as authority (rule) United States v. Preston Coleman
6th Cir. · 2014 · confidence medium
We affirm such revocations provided that the “district court’s decision ‘shows consideration of the relevant statutory factors’ and if the sentence imposed is not ‘plainly unreasonable.’ ” United States v. Kirby, 418 F.3d 621, 625-26 (6th Cir. 2005) (quoting United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999)).
cited Cited as authority (rule) United States v. Brandon Jackson
6th Cir. · 2013 · confidence medium
But we have never required “that a district court make specific findings relating to each of the [section 3553(a) ] factors considered.” United States v. McClellan, 164 F.3d 308, 310 (6th Cir. 1999).
cited Cited as authority (rule) United States v. Charles Howard
6th Cir. · 2013 · confidence medium
He cites United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999), for the proposition that the policy statements in Chapter 7 of the sentencing guidelines must be considered.
discussed Cited as authority (rule) United States v. Ronald Minor
6th Cir. · 2011 · confidence medium
(Id.) He argues that there was a deprivation of liberty because time spent in a halfway house is “punitive and confinement” and is the equivalent of “incarceration.” (Id. at 4.) 1 Defendant contends based on United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999), that the court must “articulate at least enough of its reasoning to permit an informed appellate review.” (Id. at 5.) Since there were no findings, he argues that a remand is required.
cited Cited as authority (rule) United States v. Costica Bonas
6th Cir. · 2011 · confidence medium
United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999); see Gall, 552 U.S. at 50 , 128 S.Ct. 586 .
discussed Cited as authority (rule) United States v. Douglas Chastain (2×)
6th Cir. · 2011 · confidence medium
In explaining its application of the § 3553(a) sentencing factors, there is no requirement that the district court “engage in a ‘ritualistic incantation to establish consideration of a legal issue’ ” or that the court “make specific findings related to each of the factors considered.” Id. at 580 (quoting United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999)).
cited Cited as authority (rule) United States v. Di'Mitri Henderson
6th Cir. · 2010 · confidence medium
Id. at 580 (quoting United States v. McClellan, 164 F.3d 308, 310 (1999); citing United States v. Jackson, 408 F.3d 301, 305 (6th Cir.2005)).
cited Cited as authority (rule) United States v. Penn
10th Cir. · 2010 · confidence medium
Id. at 1305 (quoting United States v. McClellan, 164 F.3d 308, 310 (10th Cir.1999)) (internal quotations omitted).
discussed Cited as authority (rule) United States v. Michael Archer
6th Cir. · 2010 · confidence medium
United *496 States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999) (quoting United States v. Washington, 147 F.3d 490, 491 (6th Cir.1998)) (internal quotation marks omitted); see also United States v. Shockley, 21 Fed.Appx. 353, 357 (6th Cir.2001) (“[T]he district court was not required to recite any ‘magic words’ explaining ... how it weighed the factors set out in § 3553.” (citation omitted)).
cited Cited as authority (rule) United States v. Wasem Petrus
6th Cir. · 2009 · confidence medium
Id., 511 F.3d at 580 (citing United States v. McClellan, 164 F.3d 308, 310 (1999); United States v. Jackson, 408 F.3d 301, 305 (6th Cir. 2005)).
discussed Cited as authority (rule) United States v. Petrus (2×)
6th Cir. · 2009 · confidence medium
Id., 511 F.3d at 580 (citing United States v. McClellan, 164 F.3d 308, 310 (1999); United States v. Jackson, 408 F.3d 301, 305 (6th Cir.2005)).
discussed Cited as authority (rule) United States v. Simmons (2×)
6th Cir. · 2009 · confidence medium
Thus, while there is no requirement that the district court “engage in a ‘ritualistic incantation to establish consideration of a legal issue’ ” or that the court “make specific findings relating to each of the factors considered,” the sentencing court still “must articulate at least enough of its reasoning to permit an informed appellate review.” United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999) (quoting United States v. Washington, 147 F.3d 490, 491 (6th Cir.1998)); accord United States v. Penson, 526 F.3d 331, 338 (6th Cir.2008) (“[T]he district court provided v…
discussed Cited as authority (rule) United States v. Simmons
6th Cir. · 2009 · confidence medium
Thus, while there is no requirement that the district court “engage in a ‘ritualistic incantation to establish consideration of a legal issue’” or that the court “make specific findings relating to each of the factors considered,” the sentencing court still “must articulate at least enough of its reasoning to permit an informed appellate review.” United States v. McClellan, 164 F.3d 308, 310 (6th Cir. 1999) (quoting United States v. Washington, 147 F.3d 490, 491 (6th Cir. 1998)); accord United States v. Penson, 526 F.3d 331, 338 (6th Cir. 2008) (“[T]he district court provided…
discussed Cited as authority (rule) United States v. Avery Poynter
6th Cir. · 2009 · confidence medium
Vol. 3 at 9); 18 U.S.C. § 3553 (a)(1) (instructing courts to consider “the nature and circumstances of the offense and the history and characteristics of the defendant”); United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999) (noting no “requirement that a district court make specific findings relating to each of the factors considered”); see also supra note 3.
discussed Cited as authority (rule) United States v. Trory Herrod (2×)
6th Cir. · 2009 · confidence medium
Thus, while there is no requirement that the district court “engage in a ‘ritualistic incantation to establish consideration of a legal issue’ ” or that the court “make specific findings relating to each of the factors considered,” the sentencing court certainly “must articulate at least enough of its reasoning to permit an informed appellate review.” United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999) (quoting United States v. Washington, 147 F.3d 490, 491 (6th Cir.1998)).
discussed Cited as authority (rule) United States v. Fields
6th Cir. · 2009 · confidence medium
Nor is there a requirement that a district court make specific findings relating to each of the factors considered.” United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999) (citations and internal quotation marks omitted).
cited Cited as authority (rule) United States v. Polihonki
6th Cir. · 2008 · confidence medium
“By reviewing the [SRVR], the court is presumed to have considered the recommended sentencing range.” United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999).
cited Cited as authority (rule) United States v. Zachariah Polihonki
6th Cir. · 2008 · confidence medium
“By reviewing the [SRVR], the court is presumed to have considered the recommended sentencing range.” United States v. McClellan, 164 F.3d 308, 310 (6th Cir. 1999).
discussed Cited as authority (rule) United States v. Bolds
6th Cir. · 2007 · confidence medium
Pursuant to this standard, we would “affirm a district court’s sentence of imprisonment upon revocation of supervised release if it show[ed] consideration of the relevant statutory factors and [was] not plainly unreasonable.” United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999) (emphasis added); accord Washington, 147 F.3d at 491 .
discussed Cited as authority (rule) United States v. Bolds
6th Cir. · 2007 · confidence medium
Pursuant to this standard, we would “affirm a district court’s sentence of imprisonment upon revocation of supervised release if it show[ed] consideration of the relevant statutory factors and [was] not plainly unreasonable.” United States v. McClellan, 164 F.3d 308, 309 (6th Cir. 1999) (emphasis added); accord Washington, 147 F.3d at 491 .
discussed Cited as authority (rule) United States v. Beverly
10th Cir. · 2007 · confidence medium
However, “the sentencing court is not required to consider individually each factor listed in § 3553(a) before issuing a sentence.” Kelley, 359 F.3d at 1305 . ‘We do not require ‘a ritualistic incantation to establish consideration of a legal issue,’ nor do we demand that the district court ‘recite any magic words’ to show us that it fulfilled its responsibility to be mindful of the factors that Congress has instructed it to consider.” Id. (quoting United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999)).
cited Cited as authority (rule) United States v. Brown
6th Cir. · 2007 · confidence medium
United States v. Yopp, 453 F.3d 770, 773 (6th Cir.2006); United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999).
cited Cited as authority (rule) United States v. Brown
6th Cir. · 2007 · confidence medium
United States v. Yopp, 453 F.3d 770, 773 (6th Cir. 2006); United States v. McClellan, 164 F.3d 308, 310 (6th Cir. 1999).
discussed Cited as authority (rule) United States v. Lewis
6th Cir. · 2007 · confidence medium
Under the pre-Booker standard for revocation sentences, “[a] district court’s sentence of imprisonment upon revocation of supervised release should be affirmed ‘if it shows consideration of the relevant statutory factors and is not plainly unreasonable.’” Carr, 421 F.3d at 429 (quoting United States v. McClellan, 164 F.3d 308, 309 (6th Cir. 1999)).
discussed Cited as authority (rule) United States v. Lewis
6th Cir. · 2007 · confidence medium
Under the pre-Booker standard for revocation sentences, “[a] district court’s sentence of imprisonment upon revocation of supervised release should be affirmed ‘if it shows consideration of the relevant statutory factors and is not plainly unreasonable.’” Carr, 421 F.3d at 429 (quoting United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999)).
discussed Cited as authority (rule) United States v. Younger
6th Cir. · 2007 · confidence medium
ANALYSIS A. Standard of Review Prior to the United States Supreme Court’s decision in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), we reviewed sentences imposed during revocations of supervised release for “plain unreasonableness.” United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999) (“We will affirm a district court’s sentence of imprisonment upon revocation of supervised release 1 if it shows consideration of the relevant statutory factors and is not plainly unreasonable.”).
discussed Cited as authority (rule) United States v. Harris
6th Cir. · 2007 · confidence medium
A sentence imposed for violation of supervised release will be affirmed “if it shows consideration of the relevant statutory factors and is not plainly unreasonable.” Id. (quoting United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999)).
discussed Cited as authority (rule) United States v. Perez-Arellano
6th Cir. · 2007 · confidence medium
ANALYSIS A. Sentence for Supervised Release Violations This court “will affirm a district court’s sentence of imprisonment upon revocation of supervised release if it shows consideration of the relevant statutory factors and is not plainly unreasonable.” United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999).
discussed Cited as authority (rule) United States v. Reid
6th Cir. · 2006 · confidence medium
A district court’s sentence imposed on revocation will be affirmed if the record “ ‘shows consideration of the relevant statutory factors’ and if the sentence imposed is not ‘plainly unreasonable.’ ” United States v. Kirby, 418 F.3d 621, 625-26 (6th Cir.2005) (quoting United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999)). *496 III.
discussed Cited as authority (rule) United States v. Marlon Watford, A/K/A Tony Vallie and Ronnie Ross (2×)
6th Cir. · 2006 · confidence medium
(J.A. at 314.) Although this Court generally requires that district courts give more than mere lip service to the § 3553 factors, United States v. Jackson, 408 F.3d 301, 305 (6th Cir.2005), we have also said that a district court need not “ ‘engage in a ritualistic incantation of the § 3553(a) factors it considers.’ ” United States v. McBride, 434 F.3d 470, 474 (6th Cir.2006) (quoting United States v. Chandler, 419 F.3d 484, 488 (6th Cir.2005)); see also Campbell, 309 F.3d at 931 (“A district court, however, is not required to make specific findings related to each factor considere…
discussed Cited as authority (rule) United States v. Watford
6th Cir. · 2006 · confidence medium
(J.A. at 314.) Although this Court generally requires that district courts give more than mere lip service to the § 3553 factors, United States v. Jackson, 408 F.3d 301, 305 (6th Cir. 2005), we have also said that a district court need not “‘engage in a ritualistic incantation of the § 3553(a) factors it considers.’” United States v. McBride, 434 F.3d 470, 474 (6th Cir. 2006) (quoting United States v. Chandler, 419 F.3d 484, 488 (6th Cir. 2005)); see also Campbell, 309 F.3d at 931 (“A district court, however, is not required to make specific findings related to each factor consider…
discussed Cited as authority (rule) United States v. Deveaux
6th Cir. · 2006 · confidence medium
In particular, the district court must “eonsider[ ].. the relevant statutory factors.” United States v. Carr, 421 F.3d 425, 429 (6th Cir.2005) (emphasis added) (quoting United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999)).
discussed Cited as authority (rule) United States v. Bowen
6th Cir. · 2006 · confidence medium
But the Sixth Circuit has noted “ ‘although explicit mention of [the § 3553(a) factors] may facilitate review, this court has never required the “ritual incantation” of the factors to affirm a sentence.’ ” Williams, 436 F.3d at 709 (6th Cir.2006) (quoting United States v. Johnson, 403 F.3d 813, 816 (6th Cir.2005)); accord, e.g., United States v. Kirby, 418 F.3d 621, 626 (6th Cir.2005) (“The court need not recite these factors but must articulate its reasoning in deciding to impose a sentence in order to allow for reasonable appellate review.”); United States v. McClellan, 164 …
discussed Cited as authority (rule) United States v. Soto (2×) also: Cited "see"
6th Cir. · 2006 · confidence medium
This Court will affirm provided the district court’s decision reflects consideration of the relevant statutory factors and is not plainly unreasonable. 2 United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999); see also United States v. Washington, 147 F.3d 490, 491 (6th Cir.1998).
discussed Cited as authority (rule) United States v. Jackson
6th Cir. · 2006 · confidence medium
In this case, although Jackson attacks the district court’s failure to highlight his *583 family support and to recognize that, given his substance abuse problems, treatment would be a better option than incarceration, we have previously rejected similar arguments by noting that “ ‘although explicit mention of those factors may facilitate review, this court has never required the “ritual incantation” of the factors to affirm a sentence.’ ” United States v. Williams, 436 F.3d 706, 709 (6th Cir.2006) (quoting United States v. Johnson, 403 F.3d 813, 816 (6th Cir.2005)); accord, e.g.…
discussed Cited as authority (rule) United States v. Johnson (2×) also: Cited "see"
6th Cir. · 2006 · confidence medium
Revocation of supervised release and imposition of imprisonment will be affirmed if the district court’s decision “shows consideration of the relevant statutory factors” and if the sentence imposed is not “plainly unreasonable.” United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999).
discussed Cited as authority (rule) United States v. Miqbel
9th Cir. · 2006 · confidence medium
When it came to supervised release, it was my understanding of the law that . . . as long as the Court made it clear for the record that it had considered the Chapter 7 guidelines, it was still not necessary for the Court to state the reasons on the record why it selected the sentence that it did as long as the sentence was within the legal range. 14 Cf. United States v. McClellan, 164 F.3d 308, 310 (6th Cir. 1999) (reversing the judgment of the district court and remanding for resentenc- ing because it was “impossible” to review on appeal whether the sentence was unreasonable, given the d…
discussed Cited as authority (rule) United States v. Jawad Miqbel
9th Cir. · 2006 · signal: cf. · confidence medium
Cf. United States v. McClellan, 164 F.3d 308, 310 (6th Cir.1999) (reversing the judgment of the district court and remanding for resentencing because it was "impossible” to review on appeal whether the sentence was unreasonable, given the district court’s failure to offer reasons for its sentencing departure, and concluding that although it can be presumed that by reviewing the supervised release violation report, a district judge has considered the recommended sentencing range, ”[i]t is not enough to presume that [the court] also considered the various factors set out in § 3553”). 15…
discussed Cited as authority (rule) United States v. Brown
6th Cir. · 2006 · confidence medium
This Court will affirm a district court’s sentence of imprisonment upon revocation of supervised release if the sentence shows consideration of the statutory factors enumerated in 18 U.S.C. § 3553 and is not “plainly unreasonable.” 1 United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999).
cited Cited as authority (rule) United States v. Sloboda
6th Cir. · 2006 · confidence medium
United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999).
discussed Cited as authority (rule) United States v. Tugen (2×) also: Cited "see"
6th Cir. · 2005 · confidence medium
United States v. McClellan, 164 F.3d 308, 309 (6th Cir. 1999); United States v. Washington, 147 F.3d 490, 491 (6th Cir.1998).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Rudolph A. McClellan, Defendant-Appellant
97-2231.
Court of Appeals for the Sixth Circuit.
Jan 5, 1999.
164 F.3d 308
1999 U.S. App. LEXIS 91
1999 WL 6678
Patricia G. Blake (argued), Rafael M. Gonzales, Jr., Asst. U.S. Atty., Bruce C. Judge, U.S. Atty. (briefed), Office of the U.S. Attorney, Detroit, MI, for Plaintiff-Appellee., Richard J. O’Neill (argued and briefed), Detroit, MI, for Defendant-Appellant.
Jones, Cole, O'Malley.
Cited by 149 opinions  |  Published

OPINION

COLE, Circuit Judge.

Defendant-Appellant Rudolph McClellan appeals the sentence imposed by the district court following revocation of his term of supervised release. For the reasons that follow, we reverse the judgment of the district court and remand for resentencing.

I.

In 1994, McClellan entered a plea of guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court sentenced him to eighteen months’ incarceration to be followed by a three-year period of supervised release. McClellan served his term of incarceration and commenced supervised release in August 1995.

In March 1996, the United States Probation Office filed a petition for warrant or summons for McClellan, alleging that he violated the terms of his supervised release by: (1) failing to report to the probation office as directed and file a written report within the first five days of each month; and (2) failing to participate in a substance abuse program. In an amended petition for warrant or summons filed in October 1997, the probation officer alleged that McClellan further violated the terms of his supervised release by committing a federal, state or local crime; specifically, the petition averred that McClellan had been convicted in Washtenaw County Circuit Court of the misdemeanor crime of domestic assault.

The district court held a supervised release revocation hearing in November 1997, at which timé McClellan admitted to the two violations charged in the initial petition. With respect to sentencing, the district court’s statement was quite brief:

I have had an opportunity to review this file again. I reviewed my presentence report again. I also reviewed the probation officer’s report with respect to the violations. Based on my understanding of this case it’s going to be the sentence of the Court that this defendant’s supervised release status should be terminated and that he be turned over to the Bureau of Prisons and confined for a period of eighteen months.

The court’s eighteen-month sentence was significantly longer than the five-to-eleven month range recommended by the United States Sentencing Guidelines. This timely appeal followed.

II.

McClellan contends that the district court erred by sentencing him to eighteen months of incarceration because the court failed to consider the applicable policy statements set forth in the Sentencing Guidelines and, in addition, imposed a sentence that was plainly unreasonable. We will affirm a district court’s sentence of imprisonment upon revocation of supervised i-elease if it shows consideration of the relevant statutory factors and is not plainly unreasonable. See United States v. Webb, 30 F.3d 687, 689 (6th Cir.1994).

The policy statements in Chapter Seven of the Sentencing Guidelines recommend a sentencing range of 5-11 months for an individual with McClellan’s violation category and criminal history. See U.S.S.G.[*310] § 7B1.4, p.s. We have consistently held that the policy statements contained in Chapter Seven of the Sentencing Guidelines are merely advisory and that a court need only consider them prior to imposing sentence for revocation of supervised release. See United States v. West, 59 F.3d 32, 33 (6th Cir.1995). In this case, the district court did not specifically refer to the Chapter Seven policy statements; however, the court noted that it had reviewed the violation report prepared by the probation office, which contained the recommended sentencing range. By reviewing the supervised release violation report, the court is presumed to have considered the recommended sentencing range set forth in the policy statements. See United States v. Davis, 53 F.3d 638, 642 (4th Cir.1995); see also United States v. Washington, 147 F.3d 490, 491-92 (6th Cm.), cert. denied, — U.S. -, 119 S.Ct. 386, 142 L.Ed.2d 319 (1998). Thus, we can infer that the district court considered the policy statements, although express reference to the recommended sentencing range is certainly preferable.

In addition, the district court’s sentence must reflect consideration of the factors listed in 18 U.S.C. § 3553. See 18 U.S.C. § 3583(e) [1] ; Washington, 147 F.3d at 491. Title 18 U.S.C. § 3583(e)(3) further provides a statutory maximum sentence of two years upon revocation of supervised release when the original offense was, as in this case, a Class C felony.

Here, although McClellan’s sentence did not exceed the statutory maximum, the sentence failed to reflect in any manner that the district court considered the factors set forth in 18 U.S.C. § 3553. The district court gave absolutely no indication why it imposed a sentence well beyond that recommended in the Sentencing Guidelines; the court stated only that it reviewed McClellan’s presentence report and the reports prepared by the probation office. Although a review of such reports may be enough to presume that the district court was aware of the recommended sentencing range, it is not enough to presume that it also considered the various factors set out in § 3553. There is no requirement — nor should there be — that a district court engage in a “ritualistic incantation to establish consideration of a legal issue.” See Washington, 147 F.3d at 491. Nor is there a requirement that a district court make specific findings relating to each of the factors considered. See id. Nonetheless, at a minimum, a district court must provide at least an indication of its reasons for imposing a sentence that exceeded the recommended sentencing range. See id. at 492 (stating that “[a]t the time of sentencing, the district court simply must state on the record its general reasons under section 3553(a) for rejecting [the] Chapter 7 policy statements” (citation and quotation omitted)). Because the district court failed to provide any reasons for imposing an eighteen-month sentence, we cannot conclude that the district court considered the factors set out in § 3553. Further, the district court’s failure to indicate why it imposed a greater sentence than that recommended makes it impossible to determine whether the sentence was plainly unreasonable.

Although a sentencing court need not recite any “magic words” explaining whether and how it considered the policy statements contained in the Sentencing Guidelines, or how it weighed the factors set out in 18 U.S.C. § 3553, it must articulate at least enough of its reasoning to permit an informed appellate review. The record in this case does not meet this minimal standard. Accordingly, we reverse the judgment of the district court.

[*311] III.

For the foregoing reasons, we REVERSE the judgment of the district court and REMAND for resentencing.

1

. Title 18 U.S.C. § 3583(e) requires that, prior to sentencing, a district court consider "the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5) and (a)(6).” Section 3553(a) provides in part:

(1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed ... (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner ... (4) the kinds of sentence and the sentencing range established ... (5) any pertinent policy statement issued by the Sentencing Commission ... (6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.