v.
Audie Couch
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 20-10281
FILED
August 7, 2020
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
AUDIE EUGENE COUCH,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:11-CR-61-1
Before HIGGINBOTHAM, SOUTHWICK, and WILLETT, Circuit Judges.
PER CURIAM: [*]
Audie Eugene Couch, federal prisoner # 42886-177, has applied for leave to proceed in forma pauperis (IFP) in this appeal from the denial of his motion under 18 U.S.C. § 3582(c)(2) for a sentence reduction in light of Amendment 782 to the Sentencing Guidelines. By moving to proceed IFP in this court, Couch challenges the district court’s denial of his motion for leave to proceed IFP on appeal. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). Couch must demonstrate that he will present a nonfrivolous issue for appeal. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982).
The Supreme Court has prescribed a two-step inquiry in considering a § 3582(c)(2) motion. Dillon v. United States, 560 U.S. 817, 826-27 (2010). Before it considers a defendant’s post-conviction conduct and the statutory sentencing factors, the district court must first determine whether the defendant is eligible for a sentence reduction and the extent of the reduction authorized under U.S.S.G. § 1B1.10. Id.
Couch pleaded guilty to possessing 49 grams of methamphetamine, and he was found responsible at sentencing for 60.1 kilograms. His base-offense level of 38 was not lowered by Amendment 782. See U.S.S.G. § 2D1.1(c)(1) (2014). The district court did not err in determining that Couch is ineligible for a sentence reduction. See U.S.S.G. § 1B1.10(a)(2)(B); see U.S.S.G. § 1B1.10, p.s., comment. (n.1(A)).
Because Couch has not presented a nonfrivolous issue for review, the request for leave to proceed IFP is DENIED. The appeal is DISMISSED AS FRIVOLOUS. See 5TH CIR. R. 42.2; Baugh, 117 F.3d at 202.