U.S.S.G. §7B1.1

(a) There are three grades of probation violations:

(1) GRADE A VIOLATIONS — conduct constituting (A) a federal, state, or

local offense punishable by a term of imprisonment exceeding one

year that (i) is a crime of violence, (ii) is a controlled substance offense,

or (iii) involves possession of a firearm or destructive device of a type

described in 26 U.S.C. § 5845(a); or (B) any other federal, state, or

local offense punishable by a term of imprisonment exceeding twenty

years;

(2) GRADE B VIOLATIONS — conduct constituting any other federal, state,

or local offense punishable by a term of imprisonment exceeding one

year;

(3) GRADE C VIOLATIONS — conduct constituting (A) a federal, state, or

local offense punishable by a term of imprisonment of one year or less;

or (B) a violation of any other condition of probation.

(b) 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.

Commentary

Application Notes:

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. “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. “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. 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. 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).