Case: 15-10596 Document: 00513293333 Page: 1 Date Filed: 12/03/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 15-10596
Fifth Circuit
FILED
Summary Calendar December 3, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
DAVID ALONZO,
Defendant–Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:12-CR-180
Before HIGGINBOTHAM, SMITH, and OWEN, Circuit Judges.
PER CURIAM: *
David Alonzo, federal prisoner # 44847-177, seeks leave to proceed in
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 15-10596 Document: 00513293333 Page: 2 Date Filed: 12/03/2015
No. 15-10596
forma pauperis (“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, Alonzo 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 sen-
tencing range that subsequently was lowered by the Sentencing Commission.
The district court did not err in concluding that Alonzo’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.
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