(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.
[1]
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