Is a sentence imposed for failure to appear in court for obstruction of justice sufficient to meet the federal guideline range?
MultiRegion, United States of America
The following excerpt is from U.S. v. Nash, 50 F.3d 17 (9th Cir. 1995):
Pursuant to 18 U.S.C. Sec. 3146(b)(2), any sentence imposed for failure to appear must be imposed consecutively to any other sentence of imprisonment. Thus, in order not to exceed the guideline range for the underlying offense (plus the two levels for obstruction of justice), the court must separate out the portion of the total sentence corresponding to obstruction of justice and impose it consecutively. United States v. Pardo, 25 F.3d 1187 (3d Cir.1994).
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