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U.S. v. BROOKS

No. 98-40329.

166 F.3d 723 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Wayne BROOKS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 27, 1999.

Attorney(s) appearing for the Case

Mary Ann Cozby, Sp. Asst. U.S. Atty., Tyler, TX, for Plaintiff-Appellee.

James W. Volberding, Tyler, TX, for Defendant-Appellant.

Before KING, Chief Judge, STEWART, Circuit Judge, and LITTLE, District Judge.

PER CURIAM:

Defendant-appellant Anthony Brooks appeals the sentence imposed after he pleaded guilty to distributing crack cocaine. He argues, among other things, that a prior state sentence to boot camp should not be considered a "term of imprisonment" for purposes of calculating his criminal history score. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Anthony Brooks was charged with conspiring to distribute and possess "cocaine base, also known...

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