Revocation of Probation and Supervised Release

Chapter Seven of the Guidelines Manual: the grade of the violation, the criminal history category that applied at the original sentencing, and the range of imprisonment on revocation — with the policy statement that produced every step.

1 Which kind of supervision is being revoked?

Amendment 835 (eff. Nov. 1, 2025) split the single Part B of the 2024 Manual into Part B (Violations of Probation, §§7B1.1-7B1.5) and Part C (Violations of Supervised Release, §§7C1.1-7C1.6). The two tracks below are transcribed from their own sections and differ: §7B1.4 has no Class A felony row and keeps the §7B1.4(b) statutory provisos; §7C1.5 keeps the Class A felony row and states its range as recommended, 'unless otherwise required by statute'.

Applicability of this Part

This part is applicable in the case of a defendant on probation for a felony or Class A misdemeanor. Consistent with §1B1.9 (Class B or C Misdemeanors and Infractions), this part does not apply in the case of a defendant on probation for a Class B or C misdemeanor or an infraction.

Ch. 7 Pt. B intro. comment. (Nov. 1, 2025 Guidelines Manual, printed p. 461 / PDF page 469)

2 Grade of the violation §7B1.1

There are three grades of probation violations:

Where there is more than one violation: Where there is more than one violation of the conditions of probation, or the violation includes conduct that constitutes more than one offense, the grade of the violation is determined by the violation having the most serious grade.

Application notes to §7B1.1 (5)
  1. (1) Under 18 U.S.C. § 3563(a)(1), a mandatory condition of probation is that the defendant not commit another federal, state, or local crime. A violation of this condition may be charged whether or not the defendant has been the subject of a separate federal, state, or local prosecution for such conduct. The grade of violation does not depend upon the conduct that is the subject of criminal charges or of which the defendant is convicted in a criminal proceeding. Rather, the grade of the violation is to be based on the defendant's actual conduct.
  2. (2) "Crime of violence" is defined in §4B1.2 (Definitions of Terms Used in Section 4B1.1). See §4B1.2(a) and Application Note 1 of the Commentary to §4B1.2.
  3. (3) "Controlled substance offense" is defined in §4B1.2 (Definitions of Terms Used in Section 4B1.1). See §4B1.2(b) and Application Note 1 of the Commentary to §4B1.2.
  4. (4) A "firearm or destructive device of a type described in 26 U.S.C. § 5845(a)" includes a shotgun, or a weapon made from a shotgun, with a barrel or barrels of less than 18 inches in length; a weapon made from a shotgun or rifle with an overall length of less than 26 inches; a rifle, or a weapon made from a rifle, with a barrel or barrels of less than 16 inches in length; a machine gun; a muffler or silencer for a firearm; a destructive device; and certain large bore weapons.
  5. (5) Where the defendant is on probation in connection with a felony conviction, or has a prior felony conviction, possession of a firearm (other than a firearm of a type described in 26 U.S.C. § 5845(a)) will generally constitute a Grade B violation, because 18 U.S.C. § 922(g) prohibits a convicted felon from possessing a firearm. The term "generally" is used in the preceding sentence, however, because there are certain limited exceptions to the applicability of 18 U.S.C. § 922(g). See, e.g., 18 U.S.C. § 925(c).

USSG §7B1.1 (Nov. 1, 2025 Guidelines Manual, printed pp. 461-462 / PDF pages 469-470)

3 Criminal history category at the original sentencing §7B1.4

*The criminal history category is the category applicable at the time the defendant originally was sentenced to a term of probation.

18 U.S.C. § 3559(a). It changes the range only where the Manual prints a separate Grade A row for a Class A felony, and it is what the § 3583(e)(3) cap is read against.

4 Statutory maximum and minimum on revocation

Both are properties of the statute of conviction, not of this table, so they are entered rather than derived. Leave a box empty where none applies or none has been established.

Probation Revocation Table (in months of imprisonment) §7B1.4

The range of imprisonment applicable upon revocation is set forth in the following table:

Grade of violationIIIIIIIVVVI
Grade C 3-94-105-116-127-138-14
Grade B 4-106-128-1412-1818-2421-27
Grade A 12-1815-2118-2424-3030-3733-41

*The criminal history category is the category applicable at the time the defendant originally was sentenced to a term of probation.

Statutory provisos §7B1.4(b)

  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.
Application notes to §7B1.4 (3)
  1. (1) The criminal history category to be used in determining the applicable range of imprisonment in the Probation Revocation Table is the category determined at the time the defendant originally was sentenced to the term of probation. The criminal history category is not to be recalculated because the ranges set forth in the Probation Revocation Table have been designed to take into account that the defendant violated probation. Example: A defendant, who was originally sentenced in 2022, was determined to have a criminal history category of II due in part to having committed the offense "while under any criminal justice sentence." See §4A1.1(d) (Criminal History Category) (Nov. 2021). For purposes of determining the applicable range of imprisonment in the Probation Revocation Table, the defendant's criminal history category is category II, regardless of whether the defendant's criminal history category would be reduced for other purposes based on the retroactive application of Part A of Amendment 821 pursuant to §1B1.10 (Reduction of Imprisonment as a Result of Amended Guideline Range (Policy Statement)). See USSG App. C, Amendment 825 (effective November 1, 2023). In the rare case in which no criminal history category was determined when the defendant originally was sentenced to the term of probation 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 probation. (See the criminal history provisions of §§4A1.1-4B1.4.)
  2. (2) Upon a finding that a defendant violated a condition of probation 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 and impose a sentence that includes a term of imprisonment. 18 U.S.C. § 3565(b).
  3. (3) 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). 18 U.S.C. § 3563(a).

USSG §7B1.4 (Nov. 1, 2025 Guidelines Manual, printed pp. 465-466 / PDF pages 473-474)

Reporting of Violations of Probation (Policy Statement) §7B1.2

The probation officer shall promptly report to the court any alleged Grade A or B violation.

The probation officer shall promptly report to the court any alleged Grade C violation unless the officer determines: (1) that such violation is minor, and not part of a continuing pattern of violations; and (2) that non-reporting will not present an undue risk to an individual or the public or be inconsistent with any directive of the court relative to the reporting of violations.

Application note to §7B1.2

Under subsection (b), a Grade C violation must be promptly reported to the court unless the probation officer makes an affirmative determination that the alleged violation meets the criteria for non-reporting. For example, an isolated failure to file a monthly report or a minor traffic infraction generally would not require reporting.

USSG §7B1.2 (Nov. 1, 2025 Guidelines Manual, printed pp. 462-463 / PDF pages 470-471)