U.S. Court of Appeals for the Fifth Circuit, 2015

United States v. David Alonzo

United States v. David Alonzo
U.S. Court of Appeals for the Fifth Circuit · Decided December 3, 2015 · Higginbotham, Owen, Per Curiam, Smith
623 F. App'x 270

United States v. David Alonzo

Opinion

PER CURIAM: *

David Aonzo, federal prisoner # 44847-177, seeks leave to proceed in forma pau-peris (“IFP”) on appeal of the denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence based on retroactive amendment 782 to U.S.S.G. § 2D1.1. By moving to proceed IFP, Aonzo is challenging the district court’s certification that his appeal was not taken in good faith because it is frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

Under § 3582(c)(2), a sentence may be modified if it is based on a sentencing range that subsequently was lowered by the Sentencing Commission. The district court did not err in concluding that Aon- *271 zo’s range was not lowered by amendment 782.

Alonzo has failed to show that he will raise a nonfrivolous issue on appeal. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Accordingly, the motion to proceed IFP is DENIED, and the appeal is DISMISSED. See Baugh, 117 F.3d at 202 n. 24; 5th Cir. R. 42.2.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the'limited circumstances set forth in 5th Cir. R. 47.5.4.

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