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

United States v. Maurice Anderson

United States v. Maurice Anderson
U.S. Court of Appeals for the Fifth Circuit · Decided December 15, 2015 · Graves, Higginson, Costa
623 F. App'x 287

United States v. Maurice Anderson

Opinion

PER CURIAM: *

Maurice Anderson, federal prisoner # 34064-177, has moved for leave to proceed in forma pauperis (IFP) on appeal from the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction based upon Amendment 782 to the Sentencing Guidelines.' See 28 U.S.C. § 1915(a)(1); see also FED. R. APP. P. 24(a).

Under § 3582(c)(2), a defendant’s sentence may be modified if he was sentenced to a term of imprisonment based on a sentencing range that subsequently was lowered by the Sentencing Commission. Anderson has not shown that the district court erred in concluding that his sentencing range was not lowered by Amendment 782.

Anderson’s appeal does not present a nonfrivolous issue and has not been brought in good faith. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). The motion for leave to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 n. 24 (5th Cir. 1997).

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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