2012 GUIDELINES MANUAL
CHAPTER TWO - OFFENSE CONDUCT
PART J - OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE
§2J1.5. Failure to Appear by Material Witness
(a) Base Offense Level:
(1) 6, if in respect to a felony; or
(2) 4, if in respect to a misdemeanor.
(b) Specific Offense Characteristic
(1) If the offense resulted in substantial interference with the administration of justice, increase by 3 levels.
Statutory Provisions: 18 U.S.C. § 3146(b)(1)(B). 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. By statute, a term of imprisonment imposed for an offense under 18 U.S.C. § 3146(b)(1)(B) runs consecutively to any other term of imprisonment imposed. 18 U.S.C. § 3146(b)(2).
Background: This section applies to a failure to appear by a material witness. The base offense level incorporates a distinction as to whether the failure to appear was in respect to a felony or misdemeanor prosecution. The offense under 18 U.S.C. § 3146(b)(1)(B) is a misdemeanor for which the maximum period of imprisonment authorized by statute is one year.
Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendment 177); November 1, 1991 (see Appendix C, amendment 401); November 1, 2009 (see Appendix C, amendment 737).