USA v. Maurice Anderson, No. 15-10630 (5th Cir. 2015)

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Case: 15-10630 Document: 00513308411 Page: 1 Date Filed: 12/15/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-10630 Summary Calendar FILED December 15, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MAURICE ANDERSON, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas, Fort Worth USDC No. 4:06-CR-64-1 Before GRAVES, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM: * Maurice Anderson, federal prisoner # 34064-177, has moved for 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 for a sentence reduction based upon Amendment 782 to the Sentencing Guidelines. See 28 U.S.C. § 1915(a)(1); see also FED. R. APP. P. 24(a). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-10630 Document: 00513308411 Page: 2 Date Filed: 12/15/2015 No. 15-10630 Under § 3582(c)(2), a defendant’s sentence may be modified if he was sentenced to a term of imprisonment based on a sentencing range that subsequently was lowered by the Sentencing Commission. Anderson has not shown that the district court erred in concluding that his sentencing range was not lowered by Amendment 782. Anderson’s appeal does not present a nonfrivolous issue and has not been brought in good faith. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). The motion for leave to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 n.24 (5th Cir. 1997). 2

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