### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 10992 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. ESPERANZA JAIMES

- BENITEZ, also known as Esperanza Jaimes , Defendant

- Appellant
Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14

- CR

- 61

- 1

Before WIENER, HIGGINSON, and COSTA, Circuit Judges. STEPHEN A. HIGGINSON, Circuit Judge : * Esperanza Jaimes

- Benitez pleaded guilty to illegal reentry after having been previously deported. At the time of this most recent arrest, she was still on supervised release from a prior offense. The district court sentenced her to 70 months in prison for the illegal reentry, and 8 months in prison for the supervised release violation to run consecutively, for a total of 78 months.

* 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. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R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. United States Court of Appeals Fifth Circuit 

### FILED March 24, 2016 Lyle W. Cayce C lerk Case: 14-10992 Document: 00513438073 Page: 1 Date Filed: 03/24/2016No. 14

- 10992

2 Jaimes

- Benitez appeals, arguing that the distr ict court erred in ordering that the sentences be served consecutively. Jaimes

- Be nitez’s assertions of error are conclus ory at best

— s he does not provide any argument or citation to legal authority in support of her contention s . See F ed . R. App. P

. 28(a)(8) (requiring that appellate briefs include , among other things , an argument contai ning the appellant’s “contentions and the reasons for them, with citations to the authorities and parts of the record on which [she] relies”)

. An appellant must properly brief an issue to preserve it, including relevant facts and a theory on wh ich this co urt should decide the case . “I t is not enough to merely mention or allude to a legal theory

. ” United States v. Scroggins , 599 F.3d 433, 446 (5th Cir. 2010 )

. Mere recitations of law along with an “abrupt assertion ” of error do not present an issue for appeal. Brinkmann v. Dall

. Cty

. Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987)

. Therefore, Jaimes

- Benitez has abandoned any challenge to her supervised release violation sentence

. See Scroggins , 599 F.3d at 446. Even if Jaimes

- Benitez’s br ief was adequate, however , she does not establish any error. The district court had the discretion to sentence Jaimes

Benitez to consecutive terms in prison for her illegal reentry and supervised release violations

. See 18 U.S.C. § 3584(a) ; United States v . Whitelaw , 58 0 F.3d 256, 260 (5th Cir. 2009)

. In fact, the Sentencing Commission recommends consecutive sentences in this scenario

. U.S. Sentencing Guidelines Manual Ch. 7, Pt. B, intro. comment. (2015) (“I t is the policy of the Commission that the sancti on imposed upon revocation is to be served consecutively to any other term of imprisonment imposed for any criminal conduct that is the basis of the revocation. ”). Because Jaimes

- Benitez’s sentence both fell within the advisory range and was consistent with the Guidelines’ advice regarding consecutive sentences, it is entitled to a p resumption of reasonableness . N othing in the Case: 14-10992 Document: 00513438073 Page: 2 Date Filed: 03/24/2016No. 14

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3 record suggests that Jaimes

- Benitez can rebut this presumption

. See United States v. Candia , 454 F.3 d 468, 4 73 (5th Cir. 2006)

. T o the extent that Jaimes

Benitez suggests that s he received an illegal sentence in excess of the statutory maximum sentence, she is mistaken. She was subject to a statutory maximum twenty

- f our month prison term for her supervised release violation

. See 18 U.S.C. § 3583(e)(3). The district court’s judgment is AFFIRMED. The Government’s motion for summary affirmance, or to dismiss, or for an extension of time to file a brief is DENIED as moo t . Jaimes

- Benitez’s pro se motion for appointment of counsel is DENIED as untimely

. Cf. United States v. Wagner, 158 F.3d 901, 902

- 03 (5th Cir. 1998) (denying defendant the opportunity to proceed pro se on appeal after defendant’s counsel ha d filed a brief under Anders v. California , 386 U.S. 738 (1967) )

. Case: 14-10992 Document: 00513438073 Page: 3 Date Filed: 03/24/2016