United States v. Narvaez

               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                              No. 98-40301
                          Conference Calendar



UNITED STATES OF AMERICA,

                                             Plaintiff-Appellee,

versus

JUAN RODRIGUEZ NARVAEZ,

                                             Defendant-Appellant.

                       - - - - - - - - - -
          Appeal from the United States District Court
               for the Southern District of Texas
                      USDC No. L-97-CR-98-1
                       - - - - - - - - - -

                            April 19, 1999

Before JONES, SMITH, and DUHÉ, Circuit Judges.

PER CURIAM:*

     Juan Rodriguez Narvaez appeals his sentence following his

guilty plea to possession of more than 50 kilograms of marijuana

with intent to distribute, in violation of 21 U.S.C. § 841(a)(1).

He contends that the district court erred in denying a three-

level reduction for acceptance of responsibility, pursuant to

U.S.S.G. § 3E1.1.   The court denied the reduction because Narvaez

absconded soon after he entered his plea and was not arrested

until several months later.    The court did not err in concluding

     *
        Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
                            No. 98-40301
                                 -2-

that this conduct was of the sort that warranted an enhancement

for obstruction of justice under U.S.S.G. § 3C1.1 and that the

acceptance-of-responsibility reduction was thus inappropriate.

See § 3E1.1, comment. (n.4); United States v. Gonzales, 19 F.3d

982, 983 (5th Cir. 1994); United States v. Tremelling, 43 F.3d

148, 152 (5th Cir. 1995).

     AFFIRMED.