Offenses Involving the Administration of Justice
|November 1, 2005||GUIDELINES MANUAL||§2J1.6|
(2) 4, if in respect to a misdemeanor.
(b) Specific Offense Characteristic
(1) If the offense resulted in substantial interference with the administration of justice, increase by 3 levels.
Statutory Provision: 18 U.S.C. § 3146(b)(2). For additional statutory provision(s), see Appendix A (Statutory Index).
1. "Substantial interference with the administration of justice" includes a premature or improper termination of a felony investigation; an indictment, verdict, or any judicial determination based upon perjury, false testimony, or other false evidence; or the unnecessary expenditure of substantial governmental or court resources.
2. By statute, a term of imprisonment imposed for this offense runs consecutively to any other term of imprisonment imposed. 18 U.S.C. § 3146(b)(2).
Background: This section applies to a failure to appear by a material witness. The base offense level incorporates a distinction as to whether the failure to appear was in respect to a felony or misdemeanor prosecution. This offense covered by this section is a misdemeanor for which the maximum period of imprisonment authorized by statute is one year.
Historical Note:: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendment 177); November 1, 1991 (see Appendix C, amendment 401).
§2J1.6. Failure to Appear by Defendant
(a) Base Offense Level:
(1) 11, if the offense constituted a failure to report for service of sentence; or
(2) 6, otherwise.
(b) Specific Offense Characteristics
(1) If the base offense level is determined under subsection (a)(1), and the defendant --(A) voluntarily surrendered within 96 hours of the time he was originally scheduled to report, decrease by 5 levels; or
(B) was ordered to report to a community corrections center,
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