eLaws | Code of Federal Regulations | United States Code |
 All Courts
 Federal Courts
 US Court of Appeals Cases
 Court of Appeals for the Fifth Circuit
 2022-03

United States v. Ceron Munoz ( 2022 )


Menu:
 
  • Case: 21-40423     Document: 00516256339         Page: 1     Date Filed: 03/28/2022
United States Court of Appeals
for the Fifth Circuit                              United States Court of Appeals
Fifth Circuit
FILED
March 28, 2022
No. 21-40423
Summary Calendar                        Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Jesus Arcadio Ceron Munoz, also known as Compa, also known as
Pastuso,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:12-CR-295-6
Before Elrod, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
Jesus Arcadio Ceron Munoz, federal prisoner # 26387-078, moves for
leave to proceed in forma pauperis (IFP) on appeal. The district court denied
his motion for compassionate release under
    18 U.S.C. § 3582
    (c)(1)(A) and
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-40423       Document: 00516256339          Page: 2   Date Filed: 03/28/2022
No. 21-40423
also denied his motion to reconsider that ruling. Ceron Munoz contends that
the district court erred in denying compassionate release and reconsideration
because (1) the court relied on the policy statement in U.S.S.G. § 1B1.13 and
also relied on
    18 U.S.C. § 3553
    (a) in assessing his entitlement to
compassionate release and (2) the conditions at his facility with respect to
COVID-19 coupled with his debilitating chronic illnesses warrants
compassionate release.
To proceed IFP on appeal, Ceron Munoz must present, inter alia, a
nonfrivolous argument that the district court abused its discretion by denying
his motion to reconsider its denial of compassionate release. See Jackson v.
Dall. Police Dep’t,
    811 F.2d 260
    , 261 (5th Cir. 1986). An issue is nonfrivolous
if it is arguable on its merits. Howard v. King,
    707 F.2d 215
    , 220 (5th Cir.
1983).
Ceron Munoz fails to identify a nonfrivolous basis for the challenging
the denial of compassionate release. See Ward v. United States,
    11 F.4th 354
    ,
359-62 (5th Cir. 2021); see also Howard,
    707 F.2d at 220
    . Similarly, Ceron
Munoz fails to show that the district court arguably abused its discretion by
denying his motion to reconsider that ruling. See United States v. O’Keefe,
    128 F.3d 885
    , 892 (5th Cir. 1997); Behringer v. Johnson,
    75 F.3d 189
    , 190 (5th
Cir. 1996); see also Howard,
    707 F.2d at 220
    .
We DISMISS Ceron Munoz’s appeal as frivolous and DENY the
motion to proceed IFP on appeal. See Baugh v. Taylor,
    117 F.3d 197
    , 202
& n.24 (5th Cir. 1997); 5th Cir. R. 42.2.
2