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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 98-50896

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DENISE LUJAN-SAUCEDA,
Defendant-Appellant.

Appeal from the United States District Court
for the Western District of Texas

August 25, 1999
Before KING, HIGGINBOTHAM and STEWART, Circuit Judges.
HIGGINBOTHAM, Circuit Judge:
Appellant Denise Lujan-Sauceda pleaded guilty to possession
with intent to distribute for carrying over 80 pounds of marijuana
in her car. Her initial presentence report included a three-level
reduction for acceptance of responsibility. Lujan-Sauceda then
failed to appear at her sentencing hearing, and a warrant was
issued for her arrest. She later turned herself in. At her second
sentencing hearing, her offense level was revised to remove the
three-level reduction and to include a two-level upward adjustment
for obstruction of justice. Lujan-Sauceda argues on appeal that
the district court erred in denying offense level reductions for
acceptance of responsibility and for a minor or minimal role in the
offense.
The
denied
requested
reduction
for
acceptance
of
responsibility, addressed in section 3E1.1 of the Sentencing

Guidelines, results from the obstruction of justice adjustment.
The Comment to section 3E1.1 notes, "Conduct resulting in an
enhancement
under
з3C1.1
[Obstructing
or
Impeding
the
Administration of Justice] ordinarily indicates that the defendant
has not accepted responsibility for his criminal conduct. There
may, however, be extraordinary cases in which adjustments under
both зз3C1.1 and 3E1.1 may apply." з 3E1.1 n.4. In this case,
Lujan-Sauceda's eventual voluntary surrender does not present such
an extraordinary circumstance.
The district court did not err in denying Lujan-Sauceda a
downward adjustment for a minimal or minor role in the offense.
Lujan-Sauceda was the only actor in her offense and the court used
only the drugs she was transporting in calculating her sentence.
Appellant's status as a first-time offender and her claims to be a
courier do not require a different result.
The judgment of the district court is AFFIRMED.
2