U.S.S.G. §2J1.2

(a) Base Offense Level: 14

(b) Specific Offense Characteristics

(1) (Apply the greatest):

(A) If the (i) defendant was convicted under 18 U.S.C. § 1001; and

(ii) statutory maximum term of eight years’ imprisonment applies because the matter relates to sex offenses under 18 U.S.C.

§ 1591 or chapters 109A, 109B, 110, or 117 of title 18, United

States Code, increase by 4 levels.

(B) 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.

(C) If the (i) defendant was convicted under 18 U.S.C. § 1001 or

§ 1505; and (ii) statutory maximum term of eight years’ imprisonment applies because the matter relates to international terrorism or domestic terrorism, 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 eight years’ imprisonment applies because the matter relates to international terrorism or domestic terrorism, or to sex

offenses under 18 U.S.C. § 1591 or chapters 109A, 109B, 110, or 117 of title 18, United States Code),

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 §3C1.1.—For offenses covered under this section, §3C1.1 (Obstructing

or Impeding the Administration of Justice) 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)(C).

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

Related Adjustments), and to §3D1.2(c) (Groups of Closely Related Counts).

4. Subsection (b)(1)(B).—The inclusion of “property damage” under subsection (b)(1)(B) 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)(B) 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.