Can some one answer me this? This is from the 1998 federal sentencing guidelines book...
The statutory authority to "suspend" the imposition or execution of sentence in order to impose a term of probation was abolished upon implementation of the sentencing guidelines. Instead, the Sentencing Reform Act recognized probation as a sentence in itself. 18 U.S.C. § 3561. Under current law, if the court finds that a defendant violated a condition of probation, the court may continue probation, with or without extending the term or modifying the conditions, or revoke probation and impose any other sentence that initially could have been imposed. 18 U.S.C. § 3565. For certain violations, revocation is required by statute.
Ok, now here's a part of the probation revocation guidelines in the same book....
(a) The range of imprisonment applicable upon revocation is set forth in the following table:
Revocation Table(in months of imprisonment)
Criminal History Category*
Grade/Violation I II
Grade C 3-9 4-10
Grade B 4-10 6-12
Grade A 12-18 15-21
*The criminal history category is the category applicable at the time the defendant originally was sentenced to a term of supervision.
(b) Provided, that --
(1) Where the statutorily authorized maximum term of imprisonment that is imposable upon revocation is less than the minimum of the applicable range, the statutorily authorized maximum term shall be substituted for the applicable range; and
(2) Where the minimum term of imprisonment required by statute, if any, is greater than the maximum of the applicable range, the minimum term of imprisonment required by statute shall be substituted for the applicable range.
(3) In any other case, the sentence upon revocation may be imposed at any point within the applicable range, provided that the sentence --
(A) is not greater than the maximum term of imprisonment authorized by statute; and
(B) is not less than any minimum term of imprisonment required by statute.
Does this mean that someone who originally could have gotten 0-6 months in prison, can now go back to prison for 12-18 months for a grade a probation violation, or does section 1 state that that can't be sentenced for more then they originally could have been?