|
U.S. Code as of:
01/19/04
Section 3565. Revocation of probation
(a) Continuation or Revocation. - If the defendant violates a
condition of probation at any time prior to the expiration or
termination of the term of probation, the court may, after a
hearing pursuant to Rule 32.1 of the Federal Rules of Criminal
Procedure, and after considering the factors set forth in section
3553(a) to the extent that they are applicable -
(1) continue him on probation, with or without extending the
term or modifying or enlarging the conditions; or
(2) revoke the sentence of probation and resentence the
defendant under subchapter A.
(b) Mandatory Revocation for Possession of Controlled Substance
or Firearm or Refusal To Comply With Drug Testing. - If the
defendant -
(1) possesses a controlled substance in violation of the
condition set forth in section 3563(a)(3);
(2) possesses a firearm, as such term is defined in section 921
of this title, in violation of Federal law, or otherwise violates
a condition of probation prohibiting the defendant from
possessing a firearm;
(3) refuses to comply with drug testing, thereby violating the
condition imposed by section 3563(a)(4); (!1) or
(4) as a part of drug testing, tests positive for illegal
controlled substances more than 3 times over the course of 1
year;
the court shall revoke the sentence of probation and resentence the
defendant under subchapter A to a sentence that includes a term of
imprisonment.
(c) Delayed Revocation. - The power of the court to revoke a
sentence of probation for violation of a condition of probation,
and to impose another sentence, extends beyond the expiration of
the term of probation for any period reasonably necessary for the
adjudication of matters arising before its expiration if, prior to
its expiration, a warrant or summons has been issued on the basis
of an allegation of such a violation.
|
|