# U.S.S.G. § 7B1.4: Term of Imprisonment—Probation (Policy Statement)

> Federal · Guidelines · In force

URL: https://www.frixlaw.com/law-library/statutes/USSG_S7B1.4

## Section

- **Citation:** U.S.S.G. § 7B1.4
- **Heading:** Term of Imprisonment—Probation (Policy Statement)
- **Jurisdiction:** Federal
- **Kind:** Guidelines
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** U.S. Sentencing Guidelines / Term of Imprisonment—Probation (Policy Statement)

## Text

(a) The range of imprisonment applicable upon revocation is set forth in the following table: Probation 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 12–18 15–21 18–24 24–30 30–37 33–41. *The criminal history category is the category applicable at the time the defendant originally was sentenced to a term of probation.

(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 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)
ecause 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. 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. 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)
e that includes a term of imprisonment. 18 U.S.C. § 3565(b). 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). Historical Note Effective November 1, 1990 (amendment 362); November 1, 1995 (amendment 533); November 1, 2010 (amendment 747); November 1, 2025 (amendments 835 and 836).

## Nearby sections

- [U.S.S.G. § 1A1.1 Commission’s Authority](https://www.frixlaw.com/law-library/statutes/USSG_S1A1.1.md)
- [U.S.S.G. § 1B1.1 Application Instructions](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.1.md)
- [U.S.S.G. § 1B1.2 Applicable Guidelines](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.2.md)
- [U.S.S.G. § 1B1.3 Relevant Conduct (Factors that Determine the Guideline Range)](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.3.md)
- [U.S.S.G. § 1B1.4 Information to be Used in Imposing Sentence](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.4.md)
- [U.S.S.G. § 1B1.5 Interpretation of References to Other Offense Guidelines](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.5.md)
- [U.S.S.G. § 1B1.6 Structure of the Guidelines](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.6.md)
- [U.S.S.G. § 1B1.7 Significance of Commentary](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.7.md)
- [U.S.S.G. § 1B1.8 Use of Certain Information](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.8.md)
- [U.S.S.G. § 1B1.9 Class B or C Misdemeanors and Infractions](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.9.md)
- [U.S.S.G. § 1B1.10 Reduction in Term of Imprisonment as a Result of Amended Guideline Range](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.10.md)
- [U.S.S.G. § 1B1.11 Use of Guidelines Manual in Effect on Date of Sentencing (Policy Statement)](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.11.md)
- [U.S.S.G. § 1B1.12 Persons Sentenced Under the Federal Juvenile Delinquency Act (Policy Statement)](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.12.md)
- [U.S.S.G. § 1B1.13 Reduction in Term of Imprisonment Under 18 U.S.C. § 3582(c)(1)(A) (Policy Statement)](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.13.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/USSG_S7B1.4. Check the current official text before relying on it. Not legal advice.