United States v. Patrick James McMannus United States of Am. v. Sheri Brinton, 436 F.3d 871 (8th Cir. 2006). · Go Syfert
United States v. Patrick James McMannus United States of Am. v. Sheri Brinton, 436 F.3d 871 (8th Cir. 2006). Cases Citing This Book View Copy Cite
75 citation events (75 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Leonardo Herrera-Zuniga (ca6, 2009-07-08)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Leonardo Herrera-Zuniga
6th Cir. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the 3553(a) factors must be.
discussed Cited as authority (rule) United States v. Telly Byrd
6th Cir. · 2021 · confidence medium
In fact, the greater the “degree of variance from the [Guidelines] range,” “the more compelling the justification based on the § 3553(a) factors must be.” Herrera-Zuniga, 571 F.3d at 582 (quoting United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006)); see also Gall, 552 U.S. at 50 (“We find it uncontroversial that a major departure should be supported by a more significant justification than a minor one.”).
discussed Cited as authority (rule) United States v. Telly Byrd
6th Cir. · 2021 · confidence medium
In fact, the greater the “degree of variance from the [Guidelines] range,” “the more compelling the justification based on the § 3553(a) factors must be.” Herrera-Zuniga, 571 F.3d at 582 (quoting United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006)); see also Gall, 552 U.S. at 50 (“We find it uncontroversial that a major departure should be supported by a more significant justification than a minor one.”).
discussed Cited as authority (rule) United States v. Burns (2×)
8th Cir. · 2009 · confidence medium
We also referred to an earlier holding that "`the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification... must be.'" Id. at 761 (quoting United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006)).
discussed Cited as authority (rule) United States v. Travis Ray Burns
8th Cir. · 2009 · confidence medium
We also referred to an earlier holding that “‘the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification . . . must be.’” Id. at 761 (quoting United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006)).
discussed Cited as authority (rule) United States v. Marron-Garcia
8th Cir. · 2009 · confidence medium
Our cases required that the justification for a variance be “proportional to the extent of the difference between the advisory range and the sentence imposed.” United States v. Gall, 446 F.3d 884, 889 (8th Cir.2006) (internal quotations omitted), rev’d, — U.S. -, 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). “[T]he farther the district court varies from the presumptively reasonable guidelines range,” we said, “the more compelling the justification based on the [18 U.S.C.] § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006).
discussed Cited as authority (rule) United States v. David Marron-Garcia (2×)
8th Cir. · 2009 · confidence medium
Our cases required that the justification for a variance be “proportional to the extent of the difference between the advisory range and the sentence imposed.” United States v. Gall, 446 F.3d 884, 889 (8th Cir. 2006) (internal quotations omitted), rev’d, 128 S. Ct. 586 (2007). “[T]he farther the district court varies from the presumptively reasonable guidelines range,” we said, “the more compelling the justification based on the [18 U.S.C.] § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006).
discussed Cited as authority (rule) United States v. Myers
8th Cir. · 2007 · confidence medium
A variance must be based on the factors in 18 U.S.C. § 3553 (a). 2 The “farther the district court varies from the presumptive *685 ly reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006).
discussed Cited as authority (rule) United States v. Christopher Myers
8th Cir. · 2007 · confidence medium
A variance must be based on the factors in 18 U.S.C. § 3553 (a).2 The “farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006).
discussed Cited as authority (rule) United States v. Solis-Bermudez
8th Cir. · 2007 · confidence medium
But “the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006).
discussed Cited as authority (rule) United States v. Arnoldo Solis-Bermudez
8th Cir. · 2007 · confidence medium
But "the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be." United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006).
discussed Cited as authority (rule) United States v. Thomas M. Coughlin
8th Cir. · 2007 · confidence medium
Section 5K2.0(c) allows the consideration of characteristics or other circumstances, even if not ordinarily relevant to a determination of whether a departure is warranted, if such characteristics or circumstances are present to a substantial degree, and if taken together they make the case an exceptional one. -14- district courts to make ‘robotic incantations’ that each § 3553(a) factor has been considered.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006) (citing United States v. Lamoreaux, 422 F.3d 750, 756 (8th Cir. 2005)).
discussed Cited as authority (rule) United States v. Coughlin (2×)
8th Cir. · 2007 · confidence medium
This court “do[es] not require district courts to make ‘robotic incantations’ that each § 3553(a) factor has been considered.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006) (citing United States v. Lamoreaux, 422 F.3d 750, 756 (8th Cir.2005)).
discussed Cited as authority (rule) United States v. Travis Ray Burns
8th Cir. · 2007 · confidence medium
Likewise, we have observed while evaluating the departure from a presumptively reasonable guidelines range that “the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification . . . must be.”1 United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006); see also Maloney, 466 F.3d at 668 ; United States v. Bryant, 446 F.3d 1317, 1319 (8th Cir. 2006); United States v. Gonzalez-Alvarado, 477 F.3d 648, 650 (8th Cir. 1 We observe that, following Rita v. United States, 127 S. Ct. 2456, 2465 (2007), the presumption of reasonablenes…
discussed Cited as authority (rule) United States v. Burns (2×)
8th Cir. · 2007 · confidence medium
Likewise, we have observed while evaluating the departure from a presumptively reasonable guidelines range that “the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification ... must be.” 1 United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006); see also Maloney, 466 F.3d at 668 ; United States v. Bryant, 446 F.3d 1317, 1319 (8th Cir.2006); United States v. Gonzalez-Alvarado, 477 F.3d 648, 650 (8th Cir.2007). 2 In sum, our extraordinary reduction/extraordinary circumstances formulation requires circumstances of a stren…
examined Cited as authority (rule) United States v. McMannus (4×) also: Cited "see"
8th Cir. · 2007 · confidence medium
United States v. McMannus, 436 F.3d 871, 875 (8th Cir.2006).
discussed Cited as authority (rule) United States v. Patrick J. McMannus (2×) also: Cited "see"
8th Cir. · 2007 · confidence medium
United States v. McMannus, 436 F.3d 871, 875 (8th Cir. 2006).
discussed Cited as authority (rule) United States v. James M. Funk
6th Cir. · 2007 · confidence medium
See United States v. Duhon, 440 F.3d 711, 718-19 (5th Cir.2006) (rejecting a downward variance for a defendant convicted of possession of child pornography on the *428 basis that the defendant did not attempt to solicit a child because “[h]ad [the defendant] solicited children for sex ... the sentencing range would have been ... more than five times his actual Guideline sentence”); United States v. McMannus, 436 F.3d 871, 875 (8th Cir.2006) (rejecting a sentence of 120 months’ imprisonment, 142 months below the guidelines range, where the variance was granted “primarily based on the fa…
discussed Cited as authority (rule) United States v. Funk
6th Cir. · 2007 · confidence medium
See United States v. Duhon, 440 F.3d 711, 718-19 (5th Cir. 2006) (rejecting a downward variance for a defendant convicted of possession of child pornography on the basis that the defendant did not attempt to solicit a child because “[h]ad [the defendant] solicited children for sex . . . the sentencing range would have been . . . more than five times his actual Guideline sentence”); United States v. McMannus, 436 F.3d 871, 875 (8th Cir. 2006) (rejecting a sentence of 120 months’ imprisonment, 142 months below the guidelines range, where the variance was granted “primarily based on the f…
cited Cited as authority (rule) United States v. Brian D. Gnavi
8th Cir. · 2007 · confidence medium
United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006). 4 We also note that it is not clear that Gnavi’s offense involved disobedience to an officer’s order.
cited Cited as authority (rule) United States v. Brian D. Gnavi
8th Cir. · 2007 · confidence medium
United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006).
discussed Cited as authority (rule) United States v. Tucker
4th Cir. · 2007 · confidence medium
See, e.g., United States v. Curry, 461 F.3d 452, 460-61 (4th Cir. 2006) (concluding that a downward variance of 70% was unreasonable in extent); Moreland, 437 F.3d at 436-37 (conclud- ing that although a downward variance was warranted, the circum- stances of the case were not sufficiently compelling to justify a two- thirds reduction from the bottom of the defendant’s guidelines range); United States v. McMannus, 436 F.3d 871, 875 (8th Cir. 2006) (downward variances of 54% for one defendant and 58% for another were unreasonable).
discussed Cited as authority (rule) United States v. Ramona Obera Tucker
4th Cir. · 2007 · confidence medium
See, e.g., United States v. Curry, 461 F.3d 452, 460-61 (4th Cir.2006) (concluding that a downward variance of 70% was unreasonable in extent); Moreland, 437 F.3d at 436-37 (concluding that although a downward variance was warranted, the circumstances of the case were not sufficiently compelling to justify a two-thirds reduction from the bottom of the defendant’s guidelines range); United States v. McMannus, 436 F.3d 871, 875 (8th Cir.2006) (downward variances of 54% for one defendant and 58% for another were unreasonable).
discussed Cited as authority (rule) United States v. Juan Morales-Uribe
8th Cir. · 2006 · confidence medium
Thus, “the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006).
cited Cited as authority (rule) United States v. Ruth Kane
8th Cir. · 2006 · confidence medium
United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006).
discussed Cited as authority (rule) United States v. Juan Morales-Uribe
8th Cir. · 2006 · confidence medium
Thus, “the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006).
cited Cited as authority (rule) United States v. Ruth Kane
8th Cir. · 2006 · confidence medium
United States v. McMannus, -3- 436 F.3d 871, 874 (8th Cir. 2006).
discussed Cited as authority (rule) United States v. Darrell E. Wadena
8th Cir. · 2006 · confidence medium
As to that question, “the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006).
discussed Cited as authority (rule) United States v. Darrell Eugene Wadena
8th Cir. · 2006 · confidence medium
As to that question, “the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006).
discussed Cited as authority (rule) United States v. Bishop
10th Cir. · 2006 · confidence medium
“How compelling that justification must be is proportional to the extent of the difference between the advisory range and the sentence imposed.” United States v. Johnson, 427 F.3d 423, 426-27 (7th Cir.2005); see also United States v. Moreland, 437 F.3d 424, 434 (4th Cir.2006) (“[W]hen the variance is a substantial one, ... we must more carefully scrutinize the reasoning offered by the district court in support of the sentence.”), cert. denied, — U.S. -, 126 S.Ct. 2054 , 164 L.Ed.2d 804 (2006); accord United States v. Smith, 445 F.3d 1, 4 (1st Cir.2006); United States v. Smith, *908 4…
discussed Cited as authority (rule) United States v. Terrence T. Beal
8th Cir. · 2006 · confidence medium
When the district court varies from the Guidelines range based on § 3553(a) factors, we must determine both “whether ‘the district court’s decision to grant a § 3553(a) variance from the appropriate guidelines range is reasonable, and whether the extent of any § 3553(a) variance . . . is reasonable.’” Claiborne, 439 F.3d at 481 (quoting United States v. Mashek, 406 F.3d 1012, 1017 (8th Cir. 2005)). “[T]he farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United S…
discussed Cited as authority (rule) United States v. Terrence T. Beal
8th Cir. · 2006 · confidence medium
When the district court varies from the Guidelines range based on § 3553(a) factors, we must determine both “whether ‘the district court’s decision to grant a § 3553(a) variance from the appropriate guidelines range is reasonable, and whether the extent of any § 3553(a) variance ... is reasonable.’ ” Claiborne, 439 F.3d at 481 (quoting United States v. Mashek, 406 F.3d 1012, 1017 (8th Cir.2005)). “[T]he farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United Sta…
discussed Cited as authority (rule) United States v. Morris K. Likens (2×)
8th Cir. · 2006 · confidence medium
United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006).
cited Cited as authority (rule) United States v. Morris K. Likens
8th Cir. · 2006 · confidence medium
United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006).
discussed Cited as authority (rule) United States v. Jeffrey McDonald
8th Cir. · 2006 · confidence medium
Critically, the “range of choice is limited.” Id. “[T]he farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006); see also United States v. Dalton, 404 F.3d 1029, 1033 (8th Cir. 2005) (holding in review of a downward departure that “[a]n extraordinary reduction must be supported by extraordinary circumstances”).
discussed Cited as authority (rule) United States v. Jeffrey Allen McDonald (2×)
8th Cir. · 2006 · confidence medium
Critically, the "range of choice is limited." Id. "[T]he farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be." United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006); see also United States v. Dalton, 404 F.3d 1029, 1033 (8th Cir.2005) (holding in review of a downward departure that "[a]n extraordinary reduction must be supported by extraordinary circumstances").
discussed Cited as authority (rule) United States v. Kendall M. Robinson
8th Cir. · 2006 · confidence medium
Claiborne, 439 F.3d at 481 . “[T]he farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006) (citing United States v. Dalton, 404 F.3d 1029, 1033 (8th Cir. 2005) (“An extraordinary [sentencing] reduction must be supported by extraordinary circumstances.”)).
discussed Cited as authority (rule) United States v. Kendall Myron Robinson
8th Cir. · 2006 · confidence medium
Claiborne, 439 F.3d at 481 . “[T]he farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006) (citing United States v. Dalton, 404 F.3d 1029, 1033 (8th Cir.2005) (“An extraordinary [sentencing] reduction must be supported by extraordinary circumstances.”)).
discussed Cited as authority (rule) United States v. Michael A. Crisp
11th Cir. · 2006 · confidence medium
Cf. United States v. Dean, 414 F.3d 725, 729 (7th Cir.2005) (adopting a rule that “the farther the judge’s sentence departs from the guidelines sentence (in either direction-that of greater severity, or that of greater lenity), the more compelling the justification based on factors in section 3553(a) that the judge must offer”); accord United States v. Smith, 445 F.3d 1, 4 (1st Cir.2006); United States v. Moreland, 437 F.3d 424, 434 (4th Cir.2006); United States v. Smith, 440 F.3d 704, 707 (5th Cir.2006); *1292 United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006).
discussed Cited as authority (rule) United States v. James Rattoballi
2d Cir. · 2006 · confidence medium
Finally, while we have refused to “prescribe any formulation a sentencing judge will be obliged to follow in order to demonstrate discharge of the duty to ‘consider’ the Guidelines,” Crosby, 397 F.3d at 113 , and putting aside for the moment the “specific statement” requirement in 18 U.S.C. § 3553 (c)(2), see infra, we note that several other circuits have endorsed a rule that requires district courts to offer a more compelling accounting the farther a sentence deviates from the advisory Guidelines range, United States v. Dean, 414 F.3d 725, 729 (7th Cir.2006) (stating that “the…
discussed Cited as authority (rule) United States v. Brian Michael Gall
8th Cir. · 2006 · confidence medium
Therefore, “the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.” United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006).
discussed Cited as authority (rule) United States v. Brian Michael Gall
8th Cir. · 2006 · confidence medium
Therefore, "the farther the district court varies from the presumptively reasonable guidelines -8- range, the more compelling the justification based on the § 3553(a) factors must be." United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006).
cited Cited as authority (rule) United States v. Marlon J. Bradford
8th Cir. · 2006 · confidence medium
United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006).
cited Cited as authority (rule) United States v. Marlon J. Bradford
8th Cir. · 2006 · confidence medium
United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006).
cited Cited as authority (rule) United States v. Sheldon Lynn Bryant
8th Cir. · 2006 · confidence medium
United States v. McMannus, 436 F.3d 871, 874 (8th Cir. 2006).
cited Cited as authority (rule) United States v. Sheldon Lynn Bryant
8th Cir. · 2006 · confidence medium
United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006).
discussed Cited as authority (rule) United States v. Smith
1st Cir. · 2006 · confidence medium
Compare United States v. Hampton, 441 F.3d 284, 286 (4th Cir.2006); Lazenby, 439 F.3d 928, 930 ; Duhon, 440 F.3d 711, 715 ; Moreland, 437 F.3d at 436-37 ; United States v. McMannus, 436 F.3d 871, 875 (8th Cir.2006).
cited Cited "see" United States v. Sylvester Gayekpar
8th Cir. · 2007 · signal: see · confidence high
See United States v. McMannus, 436 F.3d 871, 875 (8th Cir.2006).
discussed Cited "see, e.g." United States v. Herrera-Zuniga
6th Cir. · 2009 · signal: see also · confidence medium
See Gall, 128 S.Ct. at 597 (“We find it uncontroversial that a major departure should be supported by a more significant justification than a minor one.”); see also United States v. McMannus, 436 F.3d 871, 874 (8th Cir.2006) (“[T]he farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be.”); United States v. Hernandez-Villanueva, 473 F.3d 118, 123 (4th Cir.2007) (“When we review a sentence outside the advisory sentencing range — whether as a product of a departure or a varian…
discussed Cited "see, e.g." United States v. Mathew Meyer
8th Cir. · 2006 · signal: compare · confidence low
Compare United States v. Ture, 2006 WL 1596754 (8th Cir. June 13, 2006) (reversing downward variance), United States v. Rogers, 2006 WL 1420386 (8th Cir. May 25, 2006) (per curiam) (same), United States v. Gall, 446 F.3d 884 (8th Cir. 2006) (same), United States v. Bradford, 447 F.3d 1026 (8th Cir. 2006) (same), United States v. Bryant, 446 F.3d 1317 (8th Cir. 2006) (same), United States v. Bueno, 443 F.3d 1017 (8th Cir. 2006) (same), United States -3- v. Givens, 443 F.3d 642 (8th Cir. 2006) (same), United States v. Goody, 442 F.3d 1132 (8th Cir. 2006) (same), United States v. Lazenby, 439 F.3…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellant,
v.
Patrick James McMANNUS, Appellee; United States of America, Appellant, v. Sheri Brinton, Appellee
04-3560, 04-3561.
Court of Appeals for the Eighth Circuit.
Feb 3, 2006.
436 F.3d 871
Robert Lee Teig, Assistant U.S. Attorney, Cedar Rapids, Iowa (Kevin C. Fletcher, on the brief), for appellant., John P. Greer, argued, Spencer, Iowa, for appellee McMannus., Douglas L. Roehrich, argued, Sioux City, Iowa, for appellee Brinton.
Murphy, McMillian, Gruender.
Cited by 63 opinions  |  Published
GRUENDER, Circuit Judge.

Patrick James McMannus and Sheri Brinton (collectively, “the defendants”) each pled guilty to conspiracy to distribute and possession with intent to distribute methamphetamine and marijuana in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1) and 846. Brinton also pled guilty to using the United States Postal Service to facilitate drug trafficking in violation of 21 U.S.C. § 843(b) and to involving a person under the age of eighteen in drug trafficking in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1), 861(a)(1) and 861(b). The district court sentenced McMannus to 24 months’ imprisonment and Brinton to 120 months’ imprisonment. Each sentence varied considerably below the defendant’s advisory United States Sentencing Guidelines range. The Government appeals both sentences as unreasonable under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). For the reasons discussed below, we vacate both sentences and remand for resentencing.

I. BACKGROUND

Prior to the Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the defendants pled guilty pursuant to plea agreements. In those plea agreements, the defendants agreed to be sentenced pursuant to the guidelines, stipulated to facts that determined their guidelines ranges, and agreed to appropriate applications of the guidelines. The defendants were sentenced in separate sentencing hearings, both of which occurred after Blakely but before Booker.

At MeMannus’s hearing, the district court referred to MeMannus’s guidelines range of 57 to 71 months but announced that the guidelines were “facially unconstitutional.” It then deemed McMannus to be safety-valve eligible under 18 U.S.C. § 3553®, thereby freeing McMannus of the statutory minimum sentence of 60 months, and concluded it thus was “free to impose any sentence between zero and 40 years.” Without further explanation, the district court imposed a sentence of 24 months’ imprisonment. It also provided an alternative sentence of 57 months in the event the guidelines were found to be constitutional.

At Brinton’s sentencing hearing, the district court announced at the outset that the guidelines were “clearly unconstitutional” and that its “sentencing discretion with the guidelines being held unconstitutional would be ten years to life[.]” Later in the hearing, the district court reasoned:

I’m going to sentence you within the statutory sentencing provisions of ten years to life utilizing the factors contained in Title 18, section 3553(a)(1) through (7). Primarily based on the fact[*874] that you have no prior criminal history points, it’s my judgment that you’re hereby sentenced to ... 120 months in prison.

The district court proceeded to comment that this statutory mandatory minimum sentence of 120 months is a “very long sentence” and that the guidelines are “incredibly arbitrary.” The district court also imposed an alternative sentence, “the bottom of the United States Sentencing Guideline of 262 months,” in the event the guidelines were found to be constitutional. This mention of “262 months” was the only reference by the district court to the guidelines range identified in Brinton’s presentence investigation report as 262 to 327 months.

II. DISCUSSION

The district court imposed sentences in excess of 50 percent below the low end of the defendants’ guidelines ranges. The Government argues that these sentences are unreasonably low and that the defendants should be resentenced within their guidelines ranges in accordance with the stipulated applications of the guidelines in their plea agreements.

The imposition of an unreasonable sentence is a violation of the law. United States v. Frokjer, 415 F.3d 865, 875 n. 3 (8th Cir.2005). Although a sentence within the guidelines range is presumed reasonable, United States v. Lincoln, 413 F.3d 716, 717 (8th Cir.2005), a district court may vary from the guidelines range based on the factors set forth in 18 U.S.C. § 3553(a). See Booker, 125 S.Ct. at 765. If the district court selects a sentence outside the guidelines range, the issue we face is whether there are factors under § 3553(a) that would make the sentence reasonable. United States v. Haack, 403 F.3d 997, 1003 (8th Cir.2005). A sentence outside the guidelines range is not presumed to be reasonable. United States v. Wattree, 431 F.3d 618, 620 (8th Cir.2005).

In order to assist us in discharging our responsibility of determining reasonableness, we have encouraged district courts to follow a procedure whereby they fifst determine the advisory guidelines range and then consider the factors set forth in § 3553(a) to determine whether to impose a sentence under the guidelines or a non-guidelines sentence. Haack, 403 F.3d at 1002-03. We do not require district courts to make “robotic incantations” that each § 3553(a) factor has been considered. United States v. Lamoreaux, 422 F.3d 750, 756 (8th Cir.2005) (quoting United States v. Crosby, 397 F.3d 103, 113 (2d. Cir.2005)). However, the farther the district court varies from the presumptively reasonable guidelines range, the more compelling the justification based on the § 3553(a) factors must be. See 18 U.S.C. § 3553(c)(2) (“The court, at the time of sentencing, shall state in open court the reasons for its imposition of the particular sentence, and, if the sentence ... is outside the [guidelines] range ..., the specific reason for the imposition of a sentence different from that described.”); United States v. Dalton, 404 F.3d 1029, 1033 (8th Cir.2005) (“An extraordinary [sentencing] reduction must be supported by extraordinary circumstances.”). We are mindful that the district court imposed McMannus’s and Brinton’s sentences prior to Booker and without the benefit of our subsequent decisions. However, district courts are expected to calculate correctly the guidelines range, United States v. Mashek, 406 F.3d 1012, 1017 (8th Cir.2005), and state specific reasons for varying from that range. 18 U.S.C. § 3553(c)(2); see also 18 U.S.C. § 3742(f)(2) (requiring appellate courts to remand when the district court fails to provide reasons for its sentencing variance). In turn, we will review those reasons and the record to determine whether the district court’s sentence is reasonable.

[*875] We review the reasonableness of a sentence for an abuse of discretion. Dalton, 404 F.3d at 1032. “There is a range of reasonableness available to the district court in any given case.” United States v. Saenz, 428 F.3d 1159, 1164-65 (8th Cir.2005). In choosing a sentence, a district court can abuse its discretion if it “fails to consider a relevant factor that should have received significant weight, gives significant weight to an improper or irrelevant factor, or considers only appropriate factors but nevertheless commits a clear error of judgment by arriving at a sentence that lies outside the limited range of choice dictated by the facts of the case.” Haack, 403 F.3d at 1004. After reviewing the district court’s stated reasons for Brinton’s sentence and the record in light of § 3553(a) for Brinton and McMannus, we hold that the district court abused its discretion by arriving at sentences outside the ranges of reasonableness.

In Brinton’s case, the district court imposed a sentence of 120 months, 142 months below the low end of the presumptively reasonable guidelines range, “[p]rimarily based on the fact that [Brinton had] no prior criminal history points.” See 18 U.S.C. § 3553(a)(1) (instructing the sentencing court to consider “the history and characteristics of the defendant”). In light of § 3553(a), we do not believe that Brinton’s lack of criminal history, which is one of the considerations that determined her advisory guidelines range, see U.S.S.G. ch. 4, or anything else in the record justifies a variance of this magnitude. The sentence selected by the district court, a 54 percent variance, was outside the range of reasonableness. Therefore, we vacate Brinton’s sentence as unreasonable.

In McMannus’s case, the district court failed to provide any explanation for imposing a sentence of 24 months, 33 months below the low end of the presumptively reasonable guidelines range. While we can identify factors that may warrant a minor variance from the guidelines range, e.g., McMannus put himself through community college while on pretrial release, see 18 U.S.C. § 3553(a)(1), we find nothing in the record which would justify a variance of this magnitude under § 3553(a). The sentence selected by the district court, a 58 percent variance, was outside the range of reasonableness. Therefore, we vacate McMannus’s sentence as unreasonable.

III. CONCLUSION

For the reasons discussed above, we vacate Brinton’s and McMannus’s sentences as unreasonable and remand both cases for resentencing consistent with this opinion.