United States of America, Plaintiff-appellee, v. Alvaro Hernandez, T/n Maximilliano Alvaro Avelar-hernandez,defendant-appellant, 139 F.3d 909 (9th Cir. 1998)

We also affirm the district court's denial of a reduction for acceptance of responsibility. Mr. Hernandez's arguments do not demonstrate that his case is an extraordinary one which warrants a reduction for acceptance of responsibility despite his attempt to obstruct justice. See U.S.S.G. § 3E1.1, Application Note 4.

Finally, we reject Mr. Hernandez's contention that the enhancement, coupled with the denial of reduction, constituted impermissible double counting under the Sentencing Guidelines. The Sentencing Guidelines clearly contemplate double counting in this context. See U.S.S.G. § 3E1.1, Application Note 4. In addition, the increase and the denial of reduction each "serve [] a unique purpose under the Guidelines" and application of both is therefore permissible. United States v. Reese, 2 F.3d 870, 895 (9th Cir. 1993) (citing United States v. Starr, 971 F.2d 357, 361 (9th Cir. 1992)). Mr. Hernandez's escape attempt--as an attempt to obstruct justice--warranted an increase in his offense level. His escape attempt also constituted evidence that he did not believe he deserved punishment for his crime. Thus, the attempt supported the denial of reduction as well.

AFFIRMED.