2005 Federal Sentencing Guidelines
Chapter 2 - 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.
Commentary
Statutory Provision: 18
U.S.C. § 3146(b)(2). For additional statutory provision(s), see Appendix
A (Statutory Index).
Application Notes:
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 this offense 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. This offense covered by this section
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).