*1 Before PRADO, ELROD, and GRAVES, Circuit Judges.

PER CURIAM: ^[*]

Feliciano Albiter-Miranda, federal prisoner # 57748-180, moves for leave to proceed in forma pauperis (IFP) on appeal. Albiter-Miranda pleaded guilty to one count of conspiracy to possess with the intent to distribute at least 500 grams of a mixture containing methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking crime. He seeks to challenge *2 Case: 16-50139 Document: 00514067161 Page: 2 Date Filed: 07/11/2017

No. 16-50139

the denial of his 18 U.S.C. § 3582(c)(2) motion in which he sought a sentence reduction pursuant to Amendment 782 to the Sentencing Guidelines.

The district court did not abuse its discretion in denying Albiter- Miranda’s § 3582(c)(2) motion. See United States v. Henderson , 636 F.3d 713, 717 (5th Cir. 2011); United States v. Contreras , 820 F.3d 773, 774-75 (5th Cir. 2016). The appeal is not taken in good faith because it lacks arguable merit and is frivolous. See Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983). Albiter-Miranda’s motion for leave to proceed IFP is denied.

The facts surrounding the IFP decision are inextricably intertwined with the merits of the appeal. See Baugh v. Taylor , 117 F.3d 197, 202 & n.24 (5th Cir. 1997). The appeal presents no nonfrivolous issues and is dismissed as frivolous. See 5 TH C IR . R. 42.2.

IFP DENIED; APPEAL DISMISSED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.