2005 Federal Sentencing Guidelines
Chapter 2 - PART
J - OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE
§2J1.9. Payment to Witness
(a) Base Offense Level: 6
(b) Specific Offense Characteristic
(1) If the payment was made or offered for refusing to testify or for the
witness absenting himself to avoid testifying, increase by 4 levels.
Statutory Provisions: 18
U.S.C. § 201(c)(2), (3).
1. For offenses covered under this section, Chapter Three, Part C (Obstruction)
does not apply unless the defendant obstructed the investigation or trial of
the payment to witness count.
2. 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 the payment was made), see the
Commentary to Chapter Three, Part C (Obstruction), and to
§3D1.2(c) (Groups of Closely Related Counts).
Background: This section
applies to witness gratuities in federal proceedings.
Historical Note: Effective
November 1, 1987. Amended effective November 1, 1989 (see Appendix
C, amendments 180 and 181).