United States v. Daniel Sosa
671 F. App'x 895
| 5th Cir. | 2016Background
- Daniel Sosa, a federal inmate, moved for leave to proceed in forma pauperis (IFP) on appeal after the district court denied his 18 U.S.C. § 3582(c)(2) motions seeking a sentence reduction under Amendment 782 to the Sentencing Guidelines.
- The district court denied the § 3582(c)(2) motion after applying the two-step framework required by Dillon v. United States, considering U.S.S.G. § 1B1.10 and the § 3553(a) factors.
- Sosa argued the district court abused its discretion by (1) improperly considering his prior criminal history and (2) failing to consider his post-sentencing rehabilitation.
- The district court acknowledged a prior miscalculation of Sosa’s criminal history, corrected it (reducing his criminal history by one level), and had imposed a sentence at the bottom of the recalculated guideline range.
- The district court nonetheless exercised its discretion to deny any further reduction after considering the relevant factors and Sosa’s arguments.
- The Fifth Circuit reviewed whether the appeal was taken in good faith (for IFP purposes) and concluded Sosa failed to present a nonfrivolous issue on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is taken in good faith for IFP certification | Sosa contends the denial was erroneous and thus his appeal raises nonfrivolous issues | The district court certified the appeal as frivolous; appeal lacks arguable legal merit | IFP denied and appeal dismissed as frivolous; no nonfrivolous issue shown |
| Whether the district court abused its discretion denying § 3582(c)(2) reduction | The court improperly relied on prior criminal-history considerations and ignored post-sentencing rehabilitation | District court considered § 1B1.10, § 3553(a) factors, corrected criminal-history error, and exercised discretion reasonably | No abuse of discretion; district court gave due consideration and properly denied reduction |
Key Cases Cited
- Baugh v. Taylor, 117 F.3d 197 (5th Cir.) (standard for determining whether appeal is taken in good faith for IFP)
- Howard v. King, 707 F.2d 215 (5th Cir.) (good-faith inquiry limited to whether appeal presents legal points arguable on their merits)
- Dillon v. United States, 560 U.S. 817 (Sup. Ct.) (two-step framework for § 3582(c)(2) sentence-reduction analysis)
- United States v. Evans, 587 F.3d 667 (5th Cir.) (review of district court discretion in § 3582(c)(2) proceedings)
- United States v. Whitebird, 55 F.3d 1007 (5th Cir.) (standards for appellate review of § 3582(c)(2) denials)