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1956

Sentencing Issues

In addition to the imprisonment and other penalties described above, the Child Support Recovery Act (CSRA) provides that upon conviction the court shall order restitution of an amount equal to the past due support obligation as it exists at the time of sentencing. 18 U.S.C. § 228(C).

The Sentencing Guidelines do not apply to first violations of the CSRA because they are class B misdemeanors. With respect to subsequent violations, the Sentencing Guidelines do not include a guideline for this offense. Therefore, sentencing should be based on the most analogous offense, which is theft. See U.S.S.G. § 2B1.1.

The CSRA amends 18 U.S.C. § 3563(b) so that a sentencing court in any type of case may provide, as a condition of probation or supervised release, that a defendant meet his support obligations. As part of discretionary conditions of probation under section 3563(b), courts may also sentence defendants on probation to remain in the custody of the Bureau of Prisons during nights, weekends, or other intervals of time and/or to reside at, or participate in the program of, a community corrections facility for all or part of the term of probation.

Other conditions of probation that should be considered in these cases are that the defendant:

  1. "Support his dependents and meet other family responsibilities," and "(c)omply with the terms of any court order or order of an administrative process pursuant to the law of a State, the District of Columbia, or any other possession or territory of the United States requiring payments by the defendant for the support and maintenance of a child or of a child and the parent with whom the child is living." (18 U.S.C. § 3663(b)(1) and (21))

  2. "Work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip him for suitable employment." (18 U.S.C. § 3663 (b)(5))

  3. "Work in community service as directed by the court." (18 U.S.C. §  3663 (b)(13))

  4. Appear at all scheduled state/local court child support hearings.

  5. Prepare, execute and/or file all forms required by state and federal tax laws.

[cited in USAM 9-74.100]