What laws guide the court in sentencing me for my revocation of federal probation or supervised release?

IMPORTANT NOTE: The laws about revocation sentencing are confusing and difficult to figure out on your own! You have the right to lawyer if you can’t afford one, and it’s best to ask your attorney to walk through your specific situation and help you understand what the judge can sentence you to if your federal probation or Supervised Release is revoked.

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The chart shown below on PG. 239 is important because this period determines the maximum amount of time you can be sent to prison for violating the terms and conditions of your Supervised Release.

For example, assume you have been convicted of a Class A felony and receive 5 years of Supervised Release. Then, let’s say, you violate the terms and conditions of your supervision. The judge may, but is not required to, sentence you to four years in prison.[1010] If the judge were to do that, you could only be placed on supervision for one additional year. However, if you were to violate your supervision again, the judge could sentence you up to the maximum available term of imprisonment (which is 5 years), but could not impose any additional supervision.[1011] This could result in you serving nine years in prison on revocations when the original term of supervision was only 5 years.

EXCEPTIONS: Offenses committed on or before April 30, 2003:

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There are special rules, however, if you committed the offense of conviction on or before April 30, 2003. Assume the same situation as described above: you’re convicted of a Class A felony, sentenced to prison with five years of Supervised Release. Upon your first revocation, you are sentenced four years in prison and one year of Supervised Release. If you violated your Supervised Release again, you can only be sentenced to one year in prison (meaning that the difference between the total term of Supervised Release available by statute for that offense minus the amount of prison imposed during any previous revocation(s)). This is different than the first scenario when the judge could impose a five-year term on a second revocation after imposing a four-year term on the first revocation.

REVOCATION SENTENCING GUIDELINES:

In addition to the statute governing the maximum terms of supervision, judges must consider the United States Sentencing Guidelines in determining your sentence upon revocation.[1012] The recommended sentence is based on (1) the Grade of Violation, (2) your Criminal History Category at the time of your original conviction, and (3) the Class of your original conviction.

This chart outlines Congress’ recommended terms of imprisonment upon revocation:

REVOCATION TABLE

(IN MONTHS OF IMPRISONMENT)

Grade of Violation

Criminal History Category*

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

12-18

15-21

18-24

24-30

30-37

33-41

However, if you were on probation or supervised release as a result of a sentence for a Class A felony, the Congress’ recommendation looks like this:

Grade of Violation

Criminal History Category*

I

II

III

IV

V

VI

Grade A

24-30

27-33

30-37

37-46

46-57

51-63

Although these are only recommendations for the judge, the judge must consider them first when rendering a decision.

  1. 1010

    18 U.S.C. § 3583(e)(3) (outlining maximum terms of imprisonment available upon Supervised Release).

  2. 1011

    18 U.S.C. § 3583(h) (explaining that the length of any term of supervised release imposed upon revocation shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release); see also U.S. v. Knight, 580 F.3d 933 (9th Cir. 2009).

  3. 1012

    The United States Code and the Federal Rules of Criminal Procedure provide guidance for revocation of federal probation and Supervised Release. In addition, Chapter 7 of the U.S. Sentencing Guidelines addresses revocation of probation and supervised release. Every circuit has held that because the Sentencing Commission intended the policy statements of Chapter 7 to be recommendations, and not binding. But they must be considered. See United States Sentencing Commission, Revocation of Parole and Supervised Release, http://www.ussc.gov/sites/default/files/pdf/training/online-learning-center/supporting-materials/Revocation-of-Probation-and-Supervised-Released.pdf.