Case: 15-51062 Document: 00513529085 Page: 1 Date Filed: 06/01/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-51062
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 1, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
ROBERTO MINOR, also known as Robert Minor,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:09-CR-242-1
Before GRAVES, HIGGINSON, and COSTA, Circuit Judges.
PER CURIAM: *
Roberto Minor, federal prisoner # 57361-280, moves for leave to proceed
in forma pauperis (IFP) on appeal. He seeks to challenge the denial of his 18
U.S.C. § 3582(c)(2) motion in which he sought a sentence reduction pursuant
to Amendment 782 to U.S.S.G. § 2D1.1.
Minor was held responsible for more than the quantity of
methamphetamine that triggers the highest base offense level under both the
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-51062 Document: 00513529085 Page: 2 Date Filed: 06/01/2016
No. 15-51062
version of § 2D1.1(c) in effect when he was sentenced and the retroactive,
amended version. Accordingly, Amendments 782 and 788 did not change his
offense level or lower his guidelines range, and the district court did not abuse
its discretion in denying him a sentence reduction under § 3582(c)(2). See
U.S.S.G. § 1B1.10(a)(2)(B); United States v. Evans, 587 F.3d 667, 672 (5th Cir.
2009).
Because the appeal lacks arguable merit and is therefore frivolous,
Minor’s motion for leave to proceed IFP on appeal is DENIED, and his appeal
is DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 n.24 (5th
Cir. 1997); Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR. R. 42.2.
2