USA v. David Alonzo, No. 15-10596 (5th Cir. 2015)

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Case: 15-10596 Document: 00513293333 Page: 1 Date Filed: 12/03/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10596 Summary Calendar United States Court of Appeals Fifth Circuit FILED 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 sentencing 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. 2

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