2005 Federal Sentencing Guidelines
Chapter 2 - PART A - OFFENSES AGAINST THE
§2A2.4. Obstructing or Impeding
(a) Base Offense Level: 10
(b) Specific Offense Characteristics
(1) If (A) the offense involved physical contact; or (B) a dangerous weapon
(including a firearm) was possessed and its use was threatened, increase
by 3 levels.
(2) If the victim sustained bodily injury, increase by 2 levels.
(c) Cross Reference
(1) If the conduct constituted aggravated assault, apply §2A2.2 (Aggravated
Statutory Provisions: 18
U.S.C. §§ 111, 1501, 1502, 3056(d). For additional statutory provision(s), see Appendix
A (Statutory Index).
purposes of this guideline, "bodily injury", "dangerous weapon", and "firearm" have
the meaning given those terms in Application Note 1 of the Commentary to §1B1.1
2. Application of Certain Chapter
Three Adjustments.—The base offense level incorporates the fact
that the victim was a governmental officer performing official duties. Therefore,
do not apply §3A1.2 (Official Victim) unless, pursuant to subsection
(c), the offense level is determined under §2A2.2 (Aggravated Assault).
Conversely, the base offense level does not incorporate the possibility that
the defendant may create a substantial risk of death or serious bodily injury
to another person in the course of fleeing from a law enforcement official
(although an offense under 18 U.S.C. § 758 for fleeing or evading a
law enforcement checkpoint at high speed will often, but not always, involve
the creation of that risk). If the defendant creates that risk and no higher
guideline adjustment is applicable for the conduct creating the risk, apply §3C1.2
(Reckless Endangerment During Flight).
3. Upward Departure Provision.—The
base offense level does not assume any significant disruption of governmental
functions. In situations involving such disruption, an upward departure may
be warranted. See §5K2.7
(Disruption of Governmental Function).
Historical Note: Effective
October 15, 1988 (see Appendix
C, amendment 64). Amended effective November 1, 1989 (see Appendix
C, amendments 89 and 90); November 1, 1992 (see Appendix
C, amendment 443); November 1, 1997 (see Appendix
C, amendment 550); November 1, 2004 (see Appendix
C, amendment 663); November 1, 2005 (see Appendix
C, amendment 679).