U.S.S.G. § 5B1.2
Term of Probation
(a) When probation is imposed, the term shall be:
(1) at least one year but not more than five years if the offense level is 6 or greater;
(2) no more than three years in any other case.
Commentary
Background: This section governs the length of a term of probation. Subject to statutory restrictions, the guidelines provide that a term of probation may not exceed three years if the offense level is less than 6. If a defendant has an offense level of 6 or greater, the guidelines provide that a term of probation be at least one year but not more than five years. Although some distinction in the length of a term of probation is warranted based on the circumstances of the case, a term of probation may also be used to enforce conditions such as fine or restitution payments, or attendance in a program of treatment such as drug rehabilitation. Often, it may not be possible to determine the amount of time required for the satisfaction of such payments or programs in advance. This issue has been resolved by setting forth two broad ranges for the duration of a term of probation depending upon the offense level. Within the guidelines set forth in this section, the determination of the length of a term of probation is within the discretion of the sentencing judge.Historical Note: Effective November 1, 1987.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1994–2023 · leading case: United States v. Roselli, 366 F.3d 58 (1st Cir. 2004).
United States v. Roselli, 366 F.3d 58 (1st Cir. 2004). “Pursuant to U.S.S.G. § 5B1.2(a)(1), a term of probation shall be “at least one year but not more than five years if the offense level is 6 or greater.”
United States v. Oswald Thorpe, 191 F.3d 339 (2d Cir. 1999). “See U.S.S.G. § 5B1.2(a)(l) (the period of probation shall be “at least one year but not more than five years if the offense level is 6 or greater”); 18 U.”
United States v. Irwin Berman & Joseph E. Gussen, 21 F.3d 753 (7th Cir. 1994). “U.S.S.G. § 5B1.2(a)(l). A better answer is that the defendants might be able, with luck and energy (they are formerly successful businessmen, after all), to pay either fines or restitution but not both, and that the latter is more important because it will go to compensate the…”
United States v. Shasky, 939 F. Supp. 695 (D. Neb. 1996). “1(c) & (e)(3); (b) a range of 2 to 3 years for supervised release and 1 to 5 years for probation, U.S.S.G. §§ 5B1.2(a)(2) and 5D1.2(a)(2); and (c) a fine range of $2,000 to $20,000, U.”
United States v. Chettiar, 501 F.3d 854 (8th Cir. 2007). “U.S.S.G. § 5B1.2(a)(2). Therefore, as a practical matter, the district court in Spero shifted the sentencing table’s zone overlay upward eight levels, to allow for a sentence other than imprisonment but to also allow for a longer period of probation.”
United States v. Illaya Stephens, 347 F.3d 427 (2d Cir. 2003). “U.S.S.G. § 5B1.2(a)(l) states that when probation is imposed instead of incarceration, the term shall be “at least one year, but not more than five years if the offense level is 6 or greater.”
Jones v. United States, 14 F. Supp. 3d 811 (W.D. Tex. 2014). “§ 3553 (f)(l)-(5) and U.S.S.G. § 5B1.2(a), and therefore the Court could impose a sentence in accordance with the applicable guidelines without regard to any statutory minimum sentence.”
United States v. Angela Fields, 518 F. App'x 394 (6th Cir. 2013). “1 In particular, she argues that the district court did not consider U.S.S.G. § 5B1.2, which addresses probation.”
United States v. Michael Moshe Shimshoni, 631 F. App'x 788 (11th Cir. 2015). “Defendant Shimshoni’s PSI additionally stated that the applicable probation guideline, which covers both misdemeanor and felony offenses, stated that, if probation is imposed for defendants whose offense level is six or greater, the term should be at *792 least one year but not…”
United States v. EtchisonBrown (5th Cir. 2023). “22-10892 Amendment, (3) that his 85-month sentence was reversible error because Texas robbery by causing injury is not a “crime of violence” under U.S.S.G. § 5B1.2, and (4) he should have been granted a reduction for acceptance of responsibility under U.”
United States v. Kilpatrick, 347 F. Supp. 2d 693 (D. Neb. 2004). “, U.S.S.G. § 5B1.2(a)(l) (regarding the term of probation, providing for 1 to 5 years probation for offense levels of 6 or greater); U.”
United States v. Alexander, 68 F. App'x 320 (3rd Cir. 2003). “§ 3561 (c)(1) and U.S.S.G. § 5B1.2(a)(l). Defendant attempts to set forth an ineffective assistance of counsel claim by stating, among other things, that she did “not do any self employment work,” and that her counsel “had medical information pertinent to this case that she did…”
— U.S.S.G. §5B1.2(a) — 2 cases
Jones v. United States, 14 F. Supp. 3d 811 (W.D. Tex. 2014). “§ 3553 (f)(l)-(5) and U.S.S.G. § 5B1.2(a), and therefore the Court could impose a sentence in accordance with the applicable guidelines without regard to any statutory minimum sentence.”
United States v. Angela Fields, 518 F. App'x 394 (6th Cir. 2013). “1 In particular, she argues that the district court did not consider U.S.S.G. § 5B1.2, which addresses probation.”
— U.S.S.G. §5B1.2(a)(1) — 1 case
United States v. Roselli, 366 F.3d 58 (1st Cir. 2004). “Pursuant to U.S.S.G. § 5B1.2(a)(1), a term of probation shall be “at least one year but not more than five years if the offense level is 6 or greater.”
— U.S.S.G. §5B1.2(a)(2) — 3 cases
United States v. Shasky, 939 F. Supp. 695 (D. Neb. 1996). “1(c) & (e)(3); (b) a range of 2 to 3 years for supervised release and 1 to 5 years for probation, U.S.S.G. §§ 5B1.2(a)(2) and 5D1.2(a)(2); and (c) a fine range of $2,000 to $20,000, U.”
United States v. Chettiar, 501 F.3d 854 (8th Cir. 2007). “U.S.S.G. § 5B1.2(a)(2). Therefore, as a practical matter, the district court in Spero shifted the sentencing table’s zone overlay upward eight levels, to allow for a sentence other than imprisonment but to also allow for a longer period of probation.”
United States v. Nagappan Chettiar (8th Cir. 2007).
— U.S.S.G. §5B1.2(a)(l) — 8 cases
United States v. Oswald Thorpe, 191 F.3d 339 (2d Cir. 1999). “See U.S.S.G. § 5B1.2(a)(l) (the period of probation shall be “at least one year but not more than five years if the offense level is 6 or greater”); 18 U.”
United States v. Irwin Berman & Joseph E. Gussen, 21 F.3d 753 (7th Cir. 1994). “U.S.S.G. § 5B1.2(a)(l). A better answer is that the defendants might be able, with luck and energy (they are formerly successful businessmen, after all), to pay either fines or restitution but not both, and that the latter is more important because it will go to compensate the…”
United States v. Illaya Stephens, 347 F.3d 427 (2d Cir. 2003). “U.S.S.G. § 5B1.2(a)(l) states that when probation is imposed instead of incarceration, the term shall be “at least one year, but not more than five years if the offense level is 6 or greater.”
United States v. Michael Moshe Shimshoni, 631 F. App'x 788 (11th Cir. 2015). “Defendant Shimshoni’s PSI additionally stated that the applicable probation guideline, which covers both misdemeanor and felony offenses, stated that, if probation is imposed for defendants whose offense level is six or greater, the term should be at *792 least one year but not…”
United States v. Angela Fields, 518 F. App'x 394 (6th Cir. 2013). “1 In particular, she argues that the district court did not consider U.S.S.G. § 5B1.2, which addresses probation.”
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