United States v. Feliciano Albiter-Miranda

Case: 16-50139 Document: 00514067161 Page: 1 Date Filed: 07/11/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-50139 FILED
Summary Calendar July 11, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,

Plaintiff-Appellee

FELICIANO ALBITER-MIRANDA,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:06-CR-21-2

Before PRADO, ELROD, and GRAVES, Circuit Judges.
PER CURIAM: *
Feliciano Albiter-Miranda, federal prisoner # 57748-180, moves for leave
to proceed in forma pauperis (IFP) on appeal. Albiter-Miranda pleaded guilty
to one count of conspiracy to possess with the intent to distribute at least 500
grams of a mixture containing methamphetamine and one count of possession
of a firearm in furtherance of a drug trafficking crime. He seeks to challenge

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-50139 Document: 00514067161 Page: 2 Date Filed: 07/11/2017

No. 16-50139

the denial of his 18 U.S.C. § 3582(c)(2) motion in which he sought a sentence
reduction pursuant to Amendment 782 to the Sentencing Guidelines.
The district court did not abuse its discretion in denying Albiter-
Miranda’s § 3582(c)(2) motion. See United States v. Henderson, 636 F.3d 713,
717 (5th Cir. 2011); United States v. Contreras, 820 F.3d 773, 774-75 (5th Cir.
2016). The appeal is not taken in good faith because it lacks arguable merit
and is frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).
Albiter-Miranda’s motion for leave to proceed IFP is denied.
The facts surrounding the IFP decision are inextricably intertwined with
the merits of the appeal. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th
Cir. 1997). The appeal presents no nonfrivolous issues and is dismissed as
frivolous. See 5TH CIR. R. 42.2.
IFP DENIED; APPEAL DISMISSED.