2005 Federal Sentencing Guidelines
Chapter 2 - PART
J - OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE
Apply §2X5.1 (Other Offenses).
Statutory Provisions: 18
U.S.C. §§ 401, 228. For additional statutory provision(s), see Appendix
A (Statutory Index).
1. In General.—Because misconduct constituting contempt varies
significantly and the nature of the contemptuous conduct, the circumstances
under which the contempt was committed, the effect the misconduct had on the
administration of justice, and the need to vindicate the authority of the court
are highly context-dependent, the Commission has not provided a specific guideline
for this offense. In certain cases, the offense conduct will be sufficiently
analogous to §2J1.2 (Obstruction of Justice) for that guideline to apply.
2. Willful Failure to Pay Court-Ordered Child Support.—For
offenses involving the willful failure to pay court-ordered child support (violations
of 18 U.S.C. § 228), the most analogous guideline is §2B1.1
(Theft, Property Destruction, and Fraud). The amount of the loss is the amount
of child support that the defendant willfully failed to pay. Note:
This guideline applies to second and subsequent offenses under 18 U.S.C. § 228(a)(1)
and to any offense under 18 U.S.C. §
228(a)(2) and (3). A first offense under 18 U.S.C. § 228(a)(1) is not
covered by this guideline because it is a Class B misdemeanor.
3. Violation of Judicial Order Enjoining Fraudulent Behavior.—In
a case involving a violation of a judicial order enjoining fraudulent behavior,
the most analogous guideline is
§2B1.1. In such a case, §2B1.1(b)(7)(C) (pertaining to a violation
of a prior, specific judicial order) ordinarily would apply.
Historical Note: Effective November 1, 1987. Amended effective November
1, 1989 (see Appendix C, amendments
170 and 171); November 1, 1993 (see Appendix
C, amendment 496); November 1, 1998 (see Appendix
C, amendment 588); November 1, 2001 (see Appendix
C, amendment 617); November 1, 2003 (see Appendix
C, amendment 653).