Section 3565 - Revocation of probation

1 Analyses of this statute by attorneys

  1. Unpublished Decisions

    Federal Public Defender Office, District of New MexicoShari AllisonAugust 15, 2013

    In assessing the substantive reasonableness of the sentence, the 10th presumes the sentence to be reasonable because it was within the guideline range for the offense. Under 18 U.S.C. § 3565(a)(2), the 10th explains, a d. ct. has the authority to revoke probation and resentence the defendant under the subchapter related to the original offense conduct. So the d. ct. could ignore the guidelines for Grade C violations.