Deleted departure provisions of §2J1.6. Failure to Appear by Defendant

Former §2J1.6, comment. (n.4) (Upward departure based on defendant convicted of both the underlying offense and the failure to appear count, and defendant committing additional acts of obstructive behavior during the investigation, prosecution, or sentencing of the instant offense): If a defendant is convicted of both the underlying offense and the failure to appear count, and the defendant committed additional acts of obstructive behavior (e.g., perjury) during the investigation, prosecution, or sentencing of the instant offense, an upward departure may be warranted. The upward departure will ensure an enhanced sentence for obstructive conduct for which no adjustment under §3C1.1 (Obstructing or Impeding the Administration of Justice) is made because of the operation of the rules set out in Application Note 3.[19] PART K ― OFFENSES INVOLVING PUBLIC SAFETY 1. EXPLOSIVES AND ARSON