CHAPTER TWO - PART J - OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE
§2J1.6. Failure to Appear by Defendant
(a) Base Offense Level:
(1) 11, if the offense constituted a failure to report for service of sentence; or
(2) 6, otherwise.
(b) Specific Offense Characteristics
(1) If the base offense level is determined under subsection (a)(1), and the defendant —
(A) voluntarily surrendered within 96 hours of the time he was originally scheduled to report, decrease by 5 levels; or
(B) was ordered to report to a community corrections center, community treatment center, “halfway house,” or similar facility, and subdivision (A) above does not apply, decrease by 2 levels. Provided, however, that this reduction shall not apply if the defendant, while away from the facility, committed any federal, state, or local offense punishable by a term of imprisonment of one year or more.
(2) If the base offense level is determined under subsection (a)(2), and the underlying offense is —
(A) punishable by death or imprisonment for a term of fifteen years or more, increase by 9 levels; or
(B) punishable by a term of imprisonment of five years or more, but less than fifteen years, increase by 6 levels; or
(C) a felony punishable by a term of imprisonment of less than five years, increase by 3 levels.
Historical Note: Effective November 1, 1987. Amended effective November 1, 1990 (see Appendix C, amendment 329); November 1, 1991 (see Appendix C, amendment 403); November 1, 1998 (see Appendix C, amendment 579); November 1, 2001 (see Appendix C, amendment 636); November 1, 2005 (see Appendix C, amendment 680).