Zacarias Moncivais, federal prisoner #42255-279, seeks to proceed in *2 Case: 16-41598 Document: 00514250401 Page: 2 Date Filed: 11/27/2017

No. 16-41598

forma pauperis (“IFP”) on appeal of the denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence based on Amendment 782 to the Sentencing Guidelines. After implicitly determining that Moncivais was eligible for a § 3582(c)(2) reduction, the district court denied the motion based on its consid- eration of the 18 U.S.C. § 3553(a) factors, including Moncivais’s criminal his- tory and the seriousness of the instant offense. See Dillon v. United States , 560 U.S. 817, 826 − 27 (2010).

By moving to proceed IFP in this court, Moncivais challenges the district court’s certification that his appeal is not in good faith. See Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997). Our inquiry “is limited to whether the appeal involves legal points arguable on their merits (and therefore not frivolous).” Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983) (internal quotation marks and citations omitted).

We review the denial of Moncivais’s § 3582(c)(2) motion for an abuse of discretion . See United States v. Evans , 587 F.3d 667, 672 (5th Cir. 2009). At most, Moncivais merely expresses his disagreement with the balancing of the § 3553(a) factors, which is insufficient to show an abuse of discretion. See id.

Moncivais has failed to demonstrate that his appeal involves legal points that are not frivolous. See Howard , 707 F.2d at 220. Accordingly, the motion to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See 5 TH C IR . R. 42.2. Moncivais’s motions for appointment of counsel and for leave to file an amended brief are DENIED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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