CHAPTER TWO - OFFENSE CONDUCT


PART X - OTHER OFFENSES


3.      ACCESSORY AFTER THE FACT


§2X3.1.     Accessory After the Fact 

(a)       Base Offense Level: 

(1)       6 levels lower than the offense level for the underlying offense, except as provided in subdivisions (2) and (3).

(2)       The base offense level under this guideline shall be not less than level 4.

(3)       (A)       The base offense level under this guideline shall be not more than level 30, except as provided in subdivision (B).

(B)       In any case in which the conduct is limited to harboring a fugitive, other than a case described in subdivision (C), the base offense level under this guideline shall be not more than level 20.

(C)       The limitation in subdivision (B) shall not apply in any case in which (i) the defendant is convicted under 18 U.S.C. § 2339 or § 2339A; or (ii) the conduct involved harboring a person who committed any offense listed in 18 U.S.C. § 2339 or § 2339A or who committed any offense involving or intending to promote a federal crime of terrorism, as defined in 18 U.S.C. § 2332b(g)(5).  In such a case, the base offense level under this guideline shall be not more than level 30, as provided in subdivision (A).


Commentary

Statutory Provisions:  18 U.S.C. §§ 3, 757, 1071, 1072, 2284, 2339, 2339A, 2339C(c)(2)(A), (c)(2)(B) (but only with respect to funds known or intended to have been provided or collected in violation of 18 U.S.C. § 2339C(a)(1)(A)).

Application Notes:

1.      Definition.—For purposes of this guideline, "underlying offense" means the offense as to which the defendant is convicted of being an accessory, or in the case of a violation of 18 U.S.C. § 2339A, "underlying offense" means the offense the defendant is convicted of having materially supported after its commission (i.e., in connection with the concealment of or an escape from that offense), or in the case of a violation of 18 U.S.C. § 2339C(c)(2)(A), "underlying offense" means the violation of 18 U.S.C. § 2339B with respect to which the material support or resources were concealed or disguised.  Apply the base offense level plus any applicable specific offense characteristics that were known, or reasonably should have been known, by the defendant; see Application Note 10 of the Commentary to §1B1.3 (Relevant Conduct).

2.      Application of Mitigating Role Adjustment.—The adjustment from §3B1.2 (Mitigating Role) normally would not apply because an adjustment for reduced culpability is incorporated in the base offense level.

Historical Note:  Effective November 1, 1987.  Amended effective November 1, 1989 (see Appendix C, amendment 243); November 1, 1991 (see Appendix C, amendment 380); November 1, 1993 (see Appendix C, amendment 496); November 1, 2002 (see Appendix C, amendment 637); November 1, 2003 (see Appendix C, amendment 655); November 1, 2007 (see Appendix C, amendment 700).