Hicks v. United States, No. 16-2592 (7th Cir. 2018)
Annotate this CaseHicks led an organization that processed, packaged, and sold drugs in Chicago. A jury found him and co-defendants guilty of conspiracy with intent to distribute over 50 grams of crack cocaine, 21 U.S.C. 841(b)(1)(A). Hicks’s presentence report put his offense level at 46, corresponding to a guideline sentence of life imprisonment. An offense level of 42 would have produced a range of 360 months to life. The district judge stated that the proper offense level was probably 45 but the table stops at 43, that it was immaterial to decide the exact offense level, and that the recommended life sentence would be fair given the quantity at issue and Hicks’s leadership role. The judge nonetheless imposed a below-guideline sentence of 360 months because he thought that Hicks was capable of reform. After his unsuccessful direct appeal, Hicks moved under 28 U.S.C. 2255 to vacate his sentence, arguing that his lawyer was ineffective because he did not explain federal conspiracy law and did not discuss the advantages of pleading guilty but had advised him that “there was a strong chance at walking.” The district judge denied Hicks’s motion without an evidentiary hearing, reasoning that a guilty plea offered without any agreement would have had “no value.” The Seventh Circuit affirmed. Hicks’s argument that his attorney’s performance prejudiced him is too speculative to require an evidentiary hearing.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.