2009 FEDERAL SENTENCING GUIDELINES MANUAL
CHAPTER 5 - PART B - PROBATION
Historical Note: Effective November 1, 1987.
§5B1.1. Imposition of a Term of Probation
(a) Subject to the statutory restrictions in subsection (b) below, a sentence of probation is authorized if:
(1) the applicable guideline range is in Zone A of the Sentencing Table; or
(2) the applicable guideline range is in Zone B of the Sentencing Table and the court imposes a condition or combination of conditions requiring intermittent confinement, community confinement, or home detention as provided in subsection (c)(3) of §5C1.1 (Imposition of a Term of Imprisonment).
(b) A sentence of probation may not be imposed in the event:
(1) the offense of conviction is a Class A or B felony, 18 U.S.C. § 3561(a)(1);
(2) the offense of conviction expressly precludes probation as a sentence, 18 U.S.C. § 3561(a)(2);
(3) the defendant is sentenced at the same time to a sentence of imprisonment for the same or a different offense, 18 U.S.C. § 3561(a)(3).
Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendment 302); November 1, 1992 (see Appendix C, amendment 462).