(caption unavailable)

* Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular cases
on the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the Court has determined that this opinion
should not be published.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 94-10539
Conference Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RACHEL LEE BROWN,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:93-CR-402-H
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March 21, 1995
Before GARWOOD, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Rachel Lee Brown pleaded guilty to being a felon in
possession of a firearm and was sentenced to 60 months'
imprisonment and three years' supervised release. Brown argues
for the first time on appeal that the district court could not
base its denial of the adjustment for acceptance of
responsibility on the fact that she continued to use illegal
drugs while on pretrial release. She contends that the 1992
amendment to U.S.S.G. § 3E1.2, which requires a defendant to

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No. 94-10539
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**The Seventh and Eleventh Circuits have reached the same
conclusion. See United States v. McDonald, 22 F.3d 139, 144 (7th
Cir. 1994); United States v. Pace, 17 F.3d 341, 343-44 (11th Cir.
1994).
accept responsibility for her "offense" and not her "criminal
conduct," bars consideration of conduct unrelated to the offense
of conviction in determining whether the defendant has accepted
responsibility for her offense, citing United States v. Morrison,
983 F.2d 730 (6th Cir. 1993).
Brown's argument is without merit, and the district court
committed no error. The defendant's failure to withdraw
voluntarily from criminal conduct remains an appropriate
consideration under the amended guideline's application notes.
U.S.S.G. § 3E1.1, comment. (n.1(b)).** Any continued criminal
conduct is a sufficient basis for denying a reduction for
acceptance of responsibility. See United States v. Watkins, 911
F.2d 983, 985 (5th Cir. 1990). We decline to follow Morrison.
This precise issue was decided against Brown in United States v.
Portwood, No. 93-1505, slip op. at 3-4 (5th Cir. May 6, 1994).
AFFIRMED.

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