Case: 16-50152 Document: 00513725998 Page: 1 Date Filed: 10/19/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-50152 FILED
Summary Calendar October 19, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
IGNACIO LUNA GARCIA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:13-CR-155-1
Before JOLLY, WIENER, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Ignacio Luna Garcia, federal prisoner # 53034-280, seeks 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 seeking modification of his sentence for
possession with the intent to distribute methamphetamine and illegal reentry
based on Amendment 782 to the Sentencing Guidelines. By moving to proceed
IFP, Garcia is challenging the district court’s certification decision that his
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-50152 Document: 00513725998 Page: 2 Date Filed: 10/19/2016
No. 16-50152
appeal was not taken in good faith because it is frivolous. See Baugh v. Taylor,
117 F.3d 197, 202 (5th Cir. 1997).
In this court, Garcia argues that the district court abused its discretion
in denying his motion for a reduction of sentence. He contends that he is not
a threat to public safety and asserts that a reduction of sentence should have
been granted. We review for abuse of discretion a district court’s decision
whether to reduce a sentence pursuant to § 3582(c)(2). United States v. Evans,
587 F.3d 667, 672 (5th Cir. 2009).
In its order denying relief, the district court recognized that Garcia was
eligible for a sentence reduction. See Dillon v. United States, 560 U.S. 817,
826-27 (2010). However, the district court denied Garcia’s motion as a matter
of discretion, referring specifically to the 18 U.S.C. § 3553(a) sentencing factors
and Garcia’s extensive criminal history. Garcia has not shown that the district
court abused its discretion by denying him a sentence reduction. See United
States v. Whitebird, 55 F.3d 1007, 1010 (5th Cir. 1995).
This appeal does not present a nonfrivolous issue. See Howard v. King,
707 F.2d 215, 220 (5th Cir. 1983). Accordingly, Garcia’s motion for leave to
proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See
Baugh, 117 F.3d at 202 & n.24; 5TH CIR. R. 42.2.
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