Criminal Law

Probation and Supervised Release Violations - Violations of Probation and Supervised Release

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November 1, 2005GUIDELINES MANUAL§7B1.4

Revocation Table
(in months of imprisonment)

Criminal History Category*

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:

– 467 –

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