2005 Federal Sentencing Guidelines
Chapter 2 - PART
J - OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE
§2J1.3. Perjury or Subornation of Perjury; Bribery of Witness
(a) Base Offense Level: 14
(b) Specific Offense Characteristics
(1) If the offense involved causing or threatening to cause physical injury
to a person, or property damage, in order to suborn perjury, increase by 8 levels.
(2) If the perjury, subornation of perjury, or witness bribery resulted
in substantial interference with the administration of justice, increase
by 3 levels.
(c) Cross Reference
(1) If the offense involved perjury, subornation of perjury, or witness
bribery in respect to a criminal offense, apply §2X3.1 (Accessory After
the Fact) in respect to that criminal offense, if the resulting offense level
is greater than that determined above.
(d) Special Instruction
(1) In the case of counts of perjury or subornation of perjury arising from
testimony given, or to be given, in separate proceedings, do not group the
counts together under §3D1.2 (Groups of Closely Related Counts).
Statutory Provisions: 18
U.S.C. §§ 201(b)(3), (4), 1621-1623. 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. For offenses covered under this section, Chapter Three, Part C (Obstruction)
does not apply, unless the defendant obstructed the investigation or trial
of the perjury count.
3. In the event that the defendant is convicted under this section as well
as for the underlying offense (i.e.,
the offense with respect to which he committed perjury, subornation of perjury,
or witness bribery), see the
Commentary to Chapter Three, Part C (Obstruction), and to §3D1.2(c) (Groups
of Closely Related Counts).
4. If a weapon was used, or bodily injury or significant property damage
resulted, an upward departure may be warranted. See Chapter
Five, Part K (Departures).
5. "Separate proceedings," as used in subsection (d)(1), includes different
proceedings in the same case or matter (e.g.,
a grand jury proceeding and a trial, or a trial and retrial), and proceedings
in separate cases or matters (e.g.,
separate trials of codefendants), but does not include multiple grand jury
proceedings in the same case.
Background: This section
applies to perjury, subornation of perjury, and witness bribery, generally
prosecuted under the referenced statutes. The guidelines provide a higher penalty
for perjury than the pre-guidelines practice estimate of ten months imprisonment.
The Commission believes that perjury should be treated similarly to obstruction
of justice. Therefore, the same considerations for enhancing a sentence are
applied in the specific offense characteristics, and an alternative reference
to the guideline for accessory after the fact is made.
Historical Note: Effective
November 1, 1987. Amended effective November 1, 1989 (see Appendix
C, amendment 175); November 1, 1991 (see Appendix
C, amendments 401 and 402); November 1, 1993 (see Appendix
C, amendment 481); November 1, 2003 (see Appendix
C, amendment 653).