CHAPTER TWO - OFFENSE CONDUCT


PART J - OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE


§2J1.5.      Failure to Appear by Material Witness

(a)       Base Offense Level: 

(1)       6, if in respect to a felony; or

(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.


Commentary

Statutory Provisions:  18 U.S.C. § 3146(b)(1)(B).  For additional statutory provision(s), see Appendix A (Statutory Index).

Application Notes:

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 an offense under 18 U.S.C. § 3146(b)(1)(B) 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.  The offense under 18 U.S.C. § 3146(b)(1)(B) 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); November 1, 2009 (see Appendix C, amendment 737).