U.S.S.G. §2J1.1

Apply §2X5.1 (Other Offenses).

Commentary

Statutory Provisions: 18 U.S.C. §§ 401, 228. For additional statutory provision(s), see Appendix A

(Statutory Index).

Application Notes:

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. In such a case, do not apply

§2B1.1(b)(9)(C) (pertaining to a violation of a prior, specific judicial order). 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)(9)(C) (pertaining to a violation of a prior, specific judicial order) ordinarily

would apply.