The United States Court of Appeals for the Second Circuit has affirmed the 120-month prison sentence of Terry Brooks for illegal possession of firearms. This ruling comes after Brooks appealed the judgment from the District Court, claiming errors in how his criminal history was calculated and arguing that his sentence was unreasonably harsh. The decision impacts Brooks directly and highlights the court's approach to sentencing in cases involving prior felony convictions.

The case stems from Brooks' guilty plea to two counts of possession of firearms and ammunition after a felony conviction, violating 18 U.S.C. § 922(g)(1). The District Court sentenced him to 120 months of imprisonment and three years of supervised release. Brooks' appeal raised concerns about procedural errors in his sentencing, particularly regarding the calculation of his criminal history and the consideration of his prior arrests.

Background

Terry Brooks has a long criminal history, dating back to December 1995 when he committed a series of eight armed robberies in New York. He pled guilty in state court and was sentenced to an indeterminate term of eight to sixteen years in prison. After serving time, he was released on parole in 2006 but had his parole revoked multiple times due to further offenses. After a long period without arrests, Brooks was involved in a shooting incident in 2023, leading to his arrest and subsequent federal charges.

In November 2023, Brooks shot a woman and was charged with attempted second-degree murder in state court. Following the shooting, law enforcement recovered several firearms from residences associated with him. In January 2025, he faced federal charges for possession of firearms and ammunition after his felony conviction. Brooks entered a plea agreement where both parties acknowledged that he had zero criminal history points, as his previous convictions were over fifteen years old. However, the Pre-Sentence Report (PSR) later calculated his criminal history category differently, leading to the appeal.

The Ruling

The Second Circuit, consisting of Judges Debra Ann Livingston, Sarah A. L. Merriam, and Matthew A. Schwartz, ruled that the District Court's judgment was affirmed. The court found that Brooks had not objected to the PSR's criminal history calculation at sentencing, which meant that his appeal would be reviewed for plain error. The court stated, "For 16 years, beginning at age 14, and running through a string of serious armed robberies in 1996, when he was nearly 30 years old, Mr. Brooks had one of the most continuous and serious criminal records I’ve seen in some time, with dozens of arrests and convictions for a range of offenses."

The court explained that Brooks' criminal history category was calculated based on the revocation of his parole for the robbery convictions, which fell within the fifteen-year lookback period. The District Court had determined that Brooks' criminal history warranted a category of III, resulting in a sentencing range of 121 to 151 months. The court ultimately imposed a sentence of 120 months, just below the guidelines range.

Impact

This ruling reinforces the importance of accurate criminal history calculations in sentencing. It demonstrates the court's willingness to consider a defendant's entire criminal history, including prior arrests, when determining an appropriate sentence. The decision also underscores that defendants must raise objections during sentencing to preserve their rights for appeal. Brooks' case serves as a reminder that even with a long period of no arrests, prior serious offenses can significantly impact sentencing outcomes.

What's Next

Brooks' options for appeal are limited, as the Second Circuit has affirmed the District Court's judgment. There are no indications of a related case pending that could affect Brooks' situation. He will serve the sentence imposed, along with the terms of supervised release following his prison term.