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

No. 16

- 11815 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. MARTHA JANE RODGERS, also known as Momma Frost , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:16

- CR

- 132

- 12

Before STEWART, Chief Judge, and ELROD and HIGGINSON, Circuit Judges. PER CURIAM: * Martha Jane Rodgers appeals the 262

- month, within

- guidelines prison sentence that she received after she pleaded guilty, pursuant to a plea agreement, to conspiring to possess intending to distribute 50 grams or more of methamphetamine

.

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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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

### FILED April 2, 2018 Lyle W. Cayce Clerk Case: 16-11815 Document: 00514409937 Page: 1 Date Filed: 04/02/2018No. 16

- 11815

2 Two da ys before the sentencing hearing, Rodgers moved for leave to file a large amount of medical records . The court denied this motion on the basis that Rodgers failed to comply with the court’s status report order in numerous respects . Though Rodgers complai ns that the court should have considered the medical records , she does not explain how the court erred in determining that the she did not adequately comply with its directive

. See Saqui v. Pride Cent. Am., LLC , 595 F.3d 206, 211 (5th Cir. 2010) (explaini ng that district courts

“ have broad discretion in managing their own dockets.”). Her failure to address the grounds for the court’s ruling “is the same as if [she ] had not appealed [it]. ” Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987). Accordingly, she has abandoned any challenge to the propriety of the ruling

. See Yohey v. Collins , 985 F.2d 222, 224

- 25 (5th Cir. 1993). The majority of Rodgers’s brief is devoted to arguing that the district court erred in denying her motion for a downward departure. However, we lack jurisdiction to review t his issue because Rodgers does not argue, and it is not apparent from the record, that the district court denied the departure based on a mistaken belief that it lacked authority to depart. United States v. Jefferson, 751 F.3d 314, 322

- 23 (5th Cir. 2014)

. Finally, Rodgers argues that the sentence is substantively unreasonable because it does not sufficiently account for her age, history of drug addiction and mental illness, and low

- level of involvement in the conspiracy and does not sufficiently comport with the goals of sentencing. Because Rodgers did not object to her sentence in t he district court, our review is for plain error only. S ee United States v. Powell , 732 F.3d 361, 381 (5th Cir. 2013). The district court’s comments at sentencing establish that, not only did the court take into account Rodgers’ s arguments, the factors R odgers highlighted persuaded it to Case: 16-11815 Document: 00514409937 Page: 2 Date Filed: 04/02/2018No. 16

- 11815

3 impose a within

- guidelines sentence rather than the above

- guidelines sentence recommended in the presentence report. Rodgers’s arguments in this court amount to a disagreement w ith the already significant weight that the district court gave to these factors, essentially asking this court to reweigh them, which we will not do. See United States v. McElwee , 646 F.3d 328, 344

- 45 (5th Cir. 2011). Rodgers has not shown that, in imposing a within

- guidelines sentence, the dist rict court did not account for a factor that should have received significant weight, gave significant weight to an irrelevant or improper factor, or committed a clear error of judgment in balancing sentencing factors. See Jenkins , 712 F.3d at 214. Accor dingly, she has not overcome the presumption that her within

- guidelines sentence is reasonable. See id. The district court’s judgment is AFFIRMED. Case: 16-11815 Document: 00514409937 Page: 3 Date Filed: 04/02/2018