U.S.S.G. § 7B1.2

Reporting of Violations of Probation

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

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

(b) 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.

Commentary

Application Note:

1. 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.

Historical Note: Effective November 1, 1990 (amendment 362). Amended effective November 1, 2025 (amendment 835).

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1997–2025 · leading case: United States v. Carlos Sanchez, Adam Diaz, Victor Perez, Alberto Palma & Ysrael Palma, 225 F.3d 172 (2d Cir. 2000).

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United States v. Carlos Sanchez, Adam Diaz, Victor Perez, Alberto Palma & Ysrael Palma, 225 F.3d 172 (2d Cir. 2000). · cites it 10× “At issue is whether the delay between the violation and the issuance of the summons violated Sanchez’s due process rights and the Sentencing Commission Policy Statement at U.S.S.G. § 7B1.2(a). We affirm the decision of the district court and hold that Sanchez’s due process…”

United States v. Lopez, 985 F. Supp. 59 (D.R.I. 1997). · cites it 6× “Defendant argues that this delay violates U.S.S.G. § 7B1.2(a), as well as the Due Process Clause of the Fifth Amendment to the United States Constitution.”

United States v. Lin Edward Davis, 151 F.3d 1304 (10th Cir. 1998). “at 948-49 ; U.S.S.G. § 7B1.2 p.s. Moreover, even if we were to find filing such a petition was not “reporting” as authorized by the statute, the catch-all provision of section 3603 would encompass the probation officer’s actions.”

United States v. Jonathan Oliver, 41 F.4th 1093 (9th Cir. 2022). “Even so, the probation officer still exercises considerable judgment in assessing what triggers the duty to report a criminal offense to the judge.”

United States v. Sanchez, 30 F. Supp. 2d 595 (E.D.N.Y 1998). · cites it 4× “At issue is the defendant’s motion to dismiss the summons, on the ground that the years of delay between the alleged violation and the issuance of the summons violates his due process rights and U.S.S.G. § 7B1.2(a). I. BACKGROUND On March 2, 1990, the defendant, Carlos Sanchez…”

United States v. Ingram, James R., 208 F. App'x 453 (7th Cir. 2006). “§ 3603 (8)(B) (2000); see also U.S.S.G. § 7B1.2(a) (“The probation officer shall promptly report to the court any alleged Grade A or B violation.”

United States v. Alan Garrett (3rd Cir. 2018). · cites it 2× “15 U.S.S.G. § 7B1.2, cmt. n.1. 16 App. 113 .”

United States v. Melvin Willis (7th Cir. 2020). “See U.S.S.G. § 7B1.2. Willis appeared before a magistrate judge in March 2019.”

United States v. Eric Walton (4th Cir. 2025). “” U.S.S.G. § 7B1.2 cmt. 1. But this merely means that the government need not go through a formal criminal process to demonstrate that the defendant committed a violation; the commentary does not 34 USCA4 Appeal: 23-4314 Doc: 41 Filed: 07/28/2025 Pg: 35 of 44 give the majority…”

United States v. Holm, Delbert R., 213 F. App'x 485 (7th Cir. 2007). “See U.S.S.G. § 7B1.2(a). After a hearing, the district court revoked Holm’s supervised release, finding that he violated both the mandatory condition that he not commit further crimes, see 18 U.”

United States v. Davis (10th Cir. 1998). “Supp at 948-49 ; USSG § 7B1.2 p.s.. Moreover, even if we were to find filing such a petition was not “reporting” as authorized by the statute, the catch-all provision of section 3603 would encompass the probation officer’s actions.”

— U.S.S.G. §7B1.2(a) — 5 cases

United States v. Carlos Sanchez, Adam Diaz, Victor Perez, Alberto Palma & Ysrael Palma, 225 F.3d 172 (2d Cir. 2000). “At issue is whether the delay between the violation and the issuance of the summons violated Sanchez’s due process rights and the Sentencing Commission Policy Statement at U.S.S.G. § 7B1.2(a). We affirm the decision of the district court and hold that Sanchez’s due process…”

United States v. Lopez, 985 F. Supp. 59 (D.R.I. 1997). “Defendant argues that this delay violates U.S.S.G. § 7B1.2(a), as well as the Due Process Clause of the Fifth Amendment to the United States Constitution.”

United States v. Sanchez, 30 F. Supp. 2d 595 (E.D.N.Y 1998). “At issue is the defendant’s motion to dismiss the summons, on the ground that the years of delay between the alleged violation and the issuance of the summons violates his due process rights and U.S.S.G. § 7B1.2(a). I. BACKGROUND On March 2, 1990, the defendant, Carlos Sanchez…”

— U.S.S.G. §7B1.2(b) — 2 cases

United States v. Alan Garrett (3rd Cir. 2018). “15 U.S.S.G. § 7B1.2, cmt. n.1. 16 App. 113 .”

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