In addition to the imprisonment and other penalties described above,
Child Support Recovery Act (CSRA) provides that upon conviction the court
order restitution of an amount equal to the past due support obligation as
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
the Sentencing Guidelines do not include a guideline for this offense.
Therefore, sentencing should be based on the most analogous offense, which
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
release, that a defendant meet his support obligations. As part of
conditions of probation under section 3563(b), courts may also sentence
defendants on probation to remain in the custody of the Bureau of Prisons
nights, weekends, or other intervals of time and/or to reside at, or
in the program of, a community corrections facility for all or part of the
Other conditions of probation that should be considered in these cases
that the defendant:
- "Support his dependents and meet other family responsibilities,"
"(c)omply with the terms of any court order or order of an administrative
pursuant to the law of a State, the District of Columbia, or any other
or territory of the United States requiring payments by the defendant for
support and maintenance of a child or of a child and the parent with whom
child is living." (18 U.S.C. § 3663(b)(1) and (21))
- "Work conscientiously at suitable employment or pursue conscientiously
course of study or vocational training that will equip him for suitable
employment." (18 U.S.C. § 3663 (b)(5))
- "Work in community service as directed by the court." (18 U.S.C.
- Appear at all scheduled state/local court child support hearings.
- Prepare, execute and/or file all forms required by state and federal
[cited in USAM 9-74.100]