United States of America, Plaintiff-appellee, v. Victor Manuel Nunez-yescas, Defendant-appellant, 142 F.3d 447 (9th Cir. 1998)

Victor Manuel Nunez-Yescas appeals his fifty-one month sentence imposed following his guilty plea conviction for conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. §§ 846, 841(a) (1) and 841(b) (1) (B). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Nunez-Yescas contends that the district court erred by denying a two-level reduction for acceptance of responsibility despite a two-level enhancement for obstruction of justice. This contention lacks merit.

We review for clear error the district court's factual determination regarding whether a defendant is entitled to an offense level reduction for acceptance of responsibility under U.S.S .G. § 3E1.1(a). See United States v. Thompson, 80 F.3d 368, 370 (9th Cir. 1996). We similarly review for clear error the district court's decision whether a case is an extraordinary one, justifying simultaneous adjustments for obstruction of justice and acceptance of responsibility. See United States v. Hopper, 27 F.3d 378, 381 (9th Cir. 1994). Because Nunez-Yescas's obstructive conduct, absconding on the eve of trial, was inconsistent with his acceptance of responsibility, the district court did not clearly err by finding Nunez-Yescas's case was not an extraordinary one. See U.S.S.G. § 3E1.1, comment (n. 4) (1995); Thompson, 80 F.3d at 370-71.

AFFIRMED.