United States v. Michael J. Brooks

TERENCE T. EVANS, Circuit Judge.

Michael J. Brooks, who pled guilty to a charge of conspiracy to distribute cocaine, challenges two aspects of his sentence on this appeal. His first claim is that a 1993 state conviction for selling cocaine (in 1991) was not a “prior sentence” for purposes of calcu lating Ms criminal Mstory category under the federal sentencing guidelines. His second claim is that the district judge erred when he ordered Brooks to repay $10,550 the government used to buy cocaine from Brooks and his coconspirators during the course of the conspiracy.

Under the guidelines a…