2005 Federal Sentencing Guidelines
Chapter 7 - PART B - PROBATION AND SUPERVISED RELEASE VIOLATIONS
§7B1.4. Term of Imprisonment (Policy
Statement)
(a) The range of imprisonment applicable upon revocation is set forth in the
following table:
|
|
|
Grade of Violation |
|
I |
II |
III |
IV |
V |
VI |
Grade C |
|
3-9 |
4-10 |
5-11 |
6-12 |
7-13 |
8-14 |
Grade B |
|
4-10 |
6-12 |
8-14 |
12-18 |
18-24 |
21-27 |
Grade A |
(1) |
Except as provided in subdivision (2)
below: |
|
|
12-18 |
15-21 |
18-24 |
24-30 |
30-37 |
33-41 |
|
(2) |
Where the defendant was on probation
or supervised release as a result of a sentence for a Class A felony: |
|
|
24-30 |
27-33 |
30-37 |
37-46 |
46-57 |
51-63. |
*The criminal history category is the category applicable at the time the
defendant originally was sentenced to a term of supervision.
(b) Provided, that --
(1) Where the statutorily authorized maximum term of imprisonment that is
imposable upon revocation is less than the minimum of the applicable range,
the statutorily authorized maximum term shall be substituted for the applicable
range; and
(2) Where the minimum term of imprisonment required by statute, if any,
is greater than the maximum of the applicable range, the minimum term of
imprisonment required by statute shall be substituted for the applicable
range.
(3) In any other case, the sentence upon revocation may be imposed at any
point within the applicable range, provided that the sentence --
(A) is not greater than the maximum term of imprisonment authorized by
statute; and
(B) is not less than any minimum term of imprisonment required by statute.
Commentary
Application Notes:
1. The criminal history category to be used in determining the applicable
range of imprisonment in the Revocation Table is the category determined at
the time the defendant originally was sentenced to the term of supervision.
The criminal history category is not to be recalculated because the ranges
set forth in the Revocation Table have been designed to take into account that
the defendant violated supervision. In the rare case in which no criminal history
category was determined when the defendant originally was sentenced to the
term of supervision being revoked, the court shall determine the criminal history
category that would have been applicable at the time the defendant originally
was sentenced to the term of supervision. (See the
criminal history provisions of §§4A1.1-4B1.4.)
2. Departure from the applicable range of imprisonment in the Revocation
Table may be warranted when the court departed from the applicable range for
reasons set forth in §4A1.3 (Adequacy of Criminal History Category) in
originally imposing the sentence that resulted in supervision. Additionally,
an upward departure may be warranted when a defendant, subsequent to the federal
sentence resulting in supervision, has been sentenced for an offense that is
not the basis of the violation proceeding.
3. In the case of a Grade C violation that is associated with a high risk
of new felonious conduct (e.g.,
a defendant, under supervision for conviction of criminal sexual abuse, violates
the condition that he not associate with children by loitering near a schoolyard),
an upward departure may be warranted.
4. Where the original sentence was the result of a downward departure (e.g.,
as a reward for substantial assistance), or a charge reduction that resulted
in a sentence below the guideline range applicable to the defendant’s
underlying conduct, an upward departure may be warranted.
5. Upon a finding that a defendant violated a condition of probation or supervised
release by being in possession of a controlled substance or firearm or by refusing
to comply with a condition requiring drug testing, the court is required to
revoke probation or supervised release and impose a sentence that includes
a term of imprisonment. 18 U.S.C. §§ 3565(b), 3583(g).
6. In the case of a defendant who fails a drug test, the court shall consider
whether the availability of appropriate substance abuse programs, or a defendant’s
current or past participation in such programs, warrants an exception from
the requirement of mandatory revocation and imprisonment under 18 U.S.C. §§ 3565(b)
and 3583(g). 18 U.S.C. §§ 3563(a), 3583(d).
Historical Note: Effective
November 1, 1990 (see Appendix
C, amendment 362); November 1, 1995 (see Appendix
C, amendment 533).