2. If, after considering the foregoing factors, the court finds by a
preponderance of evidence that the defendant has committed the violations
alleged, the court may continue her on probation, with or without
extending the term or modifying or enlarging conditions, or revoke
probation and resentence the defendant. See 18 U.S.C. § 3565.
3. The Sentencing Guidelines' treatment of revocation of probation is
advisory rather than mandatory and these policy statements are only one
of the factors the court shall consider in addressing modification of
supervised release. See United States v. Schwegel, 126 F.3d 551 (3d Cir.
1997) (holding that supervised release provisions remained advisory after
amendments to 18 U.S.C. § 3583).
4. The Probation Office's Petition and the hearing established by a
preponderance of the evidence that defendant has violated three conditions
of her probation. The defendant violated the conditions that she not
leave this judicial district without permission, report to the Probation
Office as instructed, and notify the Probation Office of any change in
residence or employment. Each is a Grade C violation of probation. See
U.S.S.G § 7B1.1(a)(3).
5. According to the Guidelines, the court may, upon a finding of a
Grade C violation, revoke probation or extend the term of probation
and/or modify the conditions of supervision. Id. at § 7B1.3(a)(2).
6. Under the Sentencing Guidelines, the recommended range of
imprisonment is 3 to 9 months imprisonment, as Ms. Armstrong' criminal
history category is I and she has committed a Grade C violation of
probation. See id. § 7B1.4.
7. The statutory maximum term of imprisonment upon revocation is 2
years, as Ms. Armstrong' original offense was a Class D Felony. See
18 U.S.C. § 3583 (e)(3).
8. If a term of imprisonment is imposed, a term of supervised release
may be imposed but is not required. See U.S.S.G. § 7B1.3(g)(1) (where
probation is revoked and term of imprisonment is imposed, U.S.S.G. §§
5D1.1-5D1.3 shall apply); id. §§ 5D1.1(b), 5D1.2(a)(2) (for a class D
felony, the court may order a term of supervised release for two to three
years, if imprisonment of less than one year is imposed upon revocation
9. For a Grade C violation, where the minimum term of imprisonment is
between one and six months, the minimum term may be satisfied by a term
of imprisonment or imprisonment that includes a term of supervised
release with a condition that substitutes community confinement or home
detention for any portion of the term. See id. §§ 7B1.3(c)(1), 5C1.1(e)
(one day of home detention or community confinement may be substituted
for each day imprisonment).
10. Upon consideration of 18 U.S.C. § 3553(a), the court revokes
the defendant's probation and imposes a sentence of 3 months. The court
does not impose an additional term of supervised release following the
conclusion of this sentence.
AND NOW, this 16th day of October, 2002, upon consideration of the
Petition for Revocation of Probation, the Government's Proposed Findings
of Fact and Conclusions of Law, and after a hearing, it is hereby
ORDERED that the petition is GRANTED as follows:
1. The defendant's probation is REVOKED;
2. The defendant is committed to the custody of the Bureau of Prisons
for a term of 3 months; and
3. There shall be no additional term of supervised release after
defendant's release from imprisonment.
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