2005 Federal Sentencing Guidelines
Chapter 2 - PART
J - OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE
§2J1.2. Obstruction of Justice
(a) Base Offense Level: 14
(b) Specific Offense Characteristics
(1) (Apply the greater):
(A) If the offense involved causing or threatening to cause physical injury
to a person, or property damage, in order to obstruct the administration
of justice, increase by 8 levels.
(B) If (i) defendant was convicted under 18 U.S.C. § 1001 or § 1505;
and (ii) the statutory maximum term of imprisonment relating to international
terrorism or domestic terrorism is applicable, increase by 12 levels.
(2) If the offense resulted in substantial interference with the administration
of justice, increase by 3 levels.
(3) If the offense (A) involved the destruction, alteration, or fabrication
of a substantial number of records, documents, or tangible objects; (B) involved
the selection of any essential or especially probative record, document,
or tangible object, to destroy or alter; or (C) was otherwise extensive in
scope, planning, or preparation, increase by 2 levels.
(c) Cross Reference
(1) If the offense involved obstructing the investigation or prosecution
of 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.
Commentary
Statutory Provisions: 18 U.S.C. §§ 1001 when the statutory maximum
term of imprisonment relating to international terrorism or domestic terrorism
is applicable, 1503, 1505-1513, 1516, 1519. For additional statutory provision(s),
see Appendix A (Statutory Index).
Application Notes:
1. Definitions.—For purposes of this guideline:
"Domestic terrorism" has the meaning given that term in 18 U.S.C. § 2331(5).
"International terrorism" has the meaning given that term in 18
U.S.C. § 2331(1).
"Records, documents, or tangible objects" includes (A) records,
documents, or tangible objects that are stored on, or that are, magnetic, optical,
digital, other electronic, or other storage mediums or devices; and (B) wire
or electronic communications.
"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. Chapter Three Adjustments.—
(A) Inapplicability of Chapter Three, Part C.—For offenses covered
under this section, Chapter Three, Part C (Obstruction) does not apply, unless
the defendant obstructed the investigation, prosecution, or sentencing of the
obstruction of justice count.
(B) Interaction with Terrorism Adjustment.—If §3A1.4 (Terrorism)
applies, do not apply subsection (b)(1)(B).
3. Convictions for the Underlying Offense.—In the event that the defendant
is convicted of an offense sentenced under this section as well as for the
underlying offense (i.e., the offense that is the object of the obstruction),
see the Commentary to Chapter Three, Part C (Obstruction), and to §3D1.2(c)
(Groups of Closely Related Counts).
4. Upward Departure Considerations.—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). In a case involving an act
of extreme violence (for example, retaliating against a government witness
by throwing acid in the witness’s face), an upward departure would be
warranted.
5. Subsection (b)(1).—The inclusion of "property damage" under
subsection (b)(1) is designed to address cases in which property damage is
caused or threatened as a means of intimidation or retaliation (e.g., to intimidate
a witness from, or retaliate against a witness for, testifying). Subsection
(b)(1) is not intended to apply, for example, where the offense consisted of
destroying a ledger containing an incriminating entry.
Background: This section addresses offenses involving the obstruction of justice
generally prosecuted under the above-referenced statutory provisions. Numerous
offenses of varying seriousness may constitute obstruction of justice: using
threats or force to intimidate or influence a juror or federal officer; obstructing
a civil or administrative proceeding; stealing or altering court records; unlawfully
intercepting grand jury deliberations; obstructing a criminal investigation;
obstructing a state or local investigation of illegal gambling; using intimidation
or force to influence testimony, alter evidence, evade legal process, or obstruct
the communication of a judge or law enforcement officer; or causing a witness
bodily injury or property damage in retaliation for providing testimony, information
or evidence in a federal proceeding. The conduct that gives rise to the violation
may, therefore, range from a mere threat to an act of extreme violence.
The specific offense characteristics reflect the more serious forms of obstruction.
Because the conduct covered by this guideline is frequently part of an effort
to avoid punishment for an offense that the defendant has committed or to assist
another person to escape punishment for an offense, a cross reference to §2X3.1
(Accessory After the Fact) is provided. Use of this cross reference will provide
an enhanced offense level when the obstruction is in respect to a particularly
serious offense, whether such offense was committed by the defendant or another
person.
Historical Note: Effective
November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendments
172-174); November 1, 1991 (see Appendix C, amendment 401); January 25, 2003
(see Appendix C, amendment 647); November 1, 2003 (see Appendix C, amendment
653); October 24, 2005 (see Appendix C, amendment 676).
