US · guidelines
U.S.S.G. §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 Provisions: 18 U.S.C. § 3146(b)(1)(B). 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 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.
History
Effective November 1, 1987. Amended effective November 1, 1989 (amendment 177); November 1, 1991 (amendment 401); November 1, 2009 (amendment 737).
Provenance
- Source
- ussc.gov
- Retrieved
- 2026-09-20
- Edition
- ussg-2018
- Content hash
d7200a597007f4949e70bc32ea7e0794324e457d204c94c143175ebec2de8208
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