(a) The range of imprisonment applicable upon revocation is set forth in the following table:
(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.
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). 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).