; (B) the offense is an offense for which probation has been expressly precluded; or (C) the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense that is not a petty offense. (3) Presumption of probation for certain offenders The court shall sentence an otherwise eligible defendant to probation, if the defendant is a first-time Federal offender whose place of residence allows for Federal probation supervision and who did not engage in violent conduct as a part of the offense, unless the court, having considered the nature and circumstances of the offense and the history and characteristics of the defendant, finds on the record that a term of probation would not be appropriate. However, a defendant convicted of a Federal sex offense, as described in section 111 of the Sex Offender Registration and Notification Act, is not subject to a presumption of probation under this paragraph. . 503. Directive to the Sentencing Commission regarding use of probation (a) Directive to the sentencing commission Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and its policy statements applicable to persons eligible for probation to ensure that the guidelines and policy statements are consistent with the amendments made by section 501. (b) Considerations In carrying out this section, the United States Sentencing Commission shall consider— (1) the mandate of the United States Sentencing Commission, under section 994(g) of title 28, United States Code, to formulate the sentencing guidelines in such a way as to minimize the likelihood that the Federal prison population will exceed the capacity of the Federal prisons ; (2) the fiscal implications of any amendments; (3) relevant public safety concerns and the statutory sentencing factors under section 3553 of title 18