United States v. Bagent ( 2023 )

Case: 22-30555 Document: 00516597118 Page: 1 Date Filed: 01/04/2023
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
No. 22-30555
FILED
January 4, 2023
Summary Calendar
Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
John E. Bagent,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:11-CR-19-1
Before Higginbotham, Duncan, and Wilson, Circuit Judges.
Per Curiam:*
John E. Bagent, federal prisoner # 31872-034, moves for leave to
proceed in forma pauperis (IFP) in his appeal from the denial of his 18 U.S.C.
§ 3582(c)(1)(A)(i) motion for compassionate release. He is currently serving
a 225-month sentence for conspiracy to distribute and to possess with intent
to distribute 500 grams or more of cocaine hydrochloride and 280 grams or
*
This opinion is not designated for publication. See 5th Circuit Rule 47.5.
Case: 22-30555 Document: 00516597118 Page: 2 Date Filed: 01/04/2023
No. 22-30555
more of cocaine base. The district court determined that Bagent failed to
show extraordinary and compelling circumstances warranting relief and that
the 18 U.S.C. § 3553(a) factors did not weigh in favor of relief. See
§ 3582(c)(1)(A)(i).
Bagent first contends that his preexisting conditions and vulnerability
to COVID-19 are extraordinary and compelling circumstances that warrant
compassionate release. Second, he argues that his prior Louisiana conviction
for aggravated assault with a firearm no longer qualifies as a predicate offense
and that he would no longer be subject to the career offender enhancement
under U.S.S.G. § 4B1.1. Lastly, Bagent argues that the district court
improperly balanced the § 3553(a) sentencing factors. Bagent fails to identify
a nonfrivolous argument for appeal. See United States v. Chambliss, 948 F.3d
691, 693-94 (5th Cir. 2020).
Accordingly, his IFP motion is DENIED, and the appeal is
DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24
(5th Cir. 1997); Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5th Cir.
R. 42.2.
2