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United States v. Audie Couch ( 2020 )


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  •      Case: 20-10281      Document: 00515519286         Page: 1    Date Filed: 08/07/2020
IN THE UNITED STATES COURT OF APPEALS
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
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 20-10281    Document: 00515519286     Page: 2   Date Filed: 08/07/2020
No. 20-10281
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
    .
2