### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 4 1317 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. JUAN DE DIOS GARCIA

- LEAL , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:10

- CR

- 2556

- 1

Before CLEMENT, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM: * Juan De Dios Garcia

- Leal, federal prisoner # 81103

- 279 , moves for leave to proceed in forma pauperis (IFP) on appeal from the grant of his motion for

a sentence reduction under 18 U.S.C. § 3582(c)(2) based upon Amendment 782 to the Sentencing Guidelines

. The district court denied his IFP motion and certified that the appeal was not take n in good faith. By moving for IFP status , Garcia

- Leal is challenging the district court’s certification decision

. See Baugh

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances se t forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED May 5, 2016 Lyle W. Cayce Clerk Case: 15-41317 Document: 00513493178 Page: 1 Date Filed: 05/05/2016No. 15

- 4 1317

2 v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997)

. Our inquiry into an appellant’s good faith “is limited to whether the appeal involves legal points arguable on their merits (and therefore not frivolous).” Howard v. King , 707 F.2d 215, 2 20 (5th Cir. 1983) (internal quotation marks and citation omitted). Garcia

- Leal asserts that the district court erred in granting relief under § 3582(c)(2) , and reducing his sentence to only 85 months in prison. He argues that, at his initial sentencin g, he was sentenced in the middle of the guidelines sentencing range , and the district court, upon granting his § 3582(c) (2) motion, did not impose a comparable sentence; he asserts that the district court instead sentenced him near the top of the amended guidelines range. He contends that the district court should have sentenced hi m to 80 months in prison. We review t he district court’s decision whether to reduce a sentence under § 3582(c)(2) for an abuse of discretion. See United States v. Evans , 587 F .3d 667, 672 (5th Cir. 2009). T he district court

– which considered, inter alia, Garcia

- Leal’s motion, the initial and amended guidelines ranges, the 18 U.S.C. § 3553(a) sentencing factors, and Garcia

- Leal’s post

- sentencing conduct

– exercised its discretion and concluded that the pertinent factors weighed in favor of Garcia

- Leal being granted a reduction within the amended guidelines range. See Evans , 587 F.3d at 673. While Garcia

- Leal suggests that the district court did not suffic iently reduce his sentence , his argument is misguided. Because the district court was not obligated to reduce Garcia

- Leal’s sentence at all, the district court did not have to reduce it further than it did within the recalculated guidelines range. Id

. A ccordingly , Garcia

- Leal has not shown that the district court abused its discretion by not granting him a greater reduction in sentence. See id. Thus, Garcia

- Leal’s appeal does not present a nonfrivolous issue and has not been brought in good faith. See Howard , 707 F.2d at 220. The motion for Case: 15-41317 Document: 00513493178 Page: 2 Date Filed: 05/05/2016No. 15

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3 leave to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See Baugh , 117 F.3d at n.24; 5 TH C IR

. R. 42.2. Case: 15-41317 Document: 00513493178 Page: 3 Date Filed: 05/05/2016