United States v. Edward Hicks
20-3512
| 3rd Cir. | Sep 23, 2021Background
- Hicks pleaded guilty (2017) to a conspiracy to distribute cocaine base; sentenced as a career offender to 188 months’ imprisonment (lowest recommended guideline sentence).
- After exhausting administrative remedies, Hicks moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A), citing medical conditions (asthma, pre‑diabetes, hypertension, obesity), alleged single functioning lung, and a bullet lodged against his spine; argued COVID‑19 risk and rehabilitation supported release.
- The District Court found pre‑diabetes not listed by CDC as a high‑risk condition, no medical evidence of a single functioning lung, and no showing the lodged bullet increased COVID risk.
- The Court acknowledged obesity and possibly asthma/hypertension as risk factors but concluded they were controlled and did not place Hicks at a uniquely high risk; it also relied on low COVID rates and mitigation at FCI Hazelton.
- The District Court alternatively denied release after weighing § 3553(a) factors and disciplinary evidence (possession of intoxicants in prison), finding Hicks remained a danger and release inappropriate given seriousness of the offense and >10 years left to serve.
- The Third Circuit affirmed, reviewing the denial for abuse of discretion and finding no clear error in the District Court’s factual assessments or balancing of risks and § 3553(a) factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hicks’s medical conditions/COVID risk constitute "extraordinary and compelling" reasons for release under § 3582(c)(1)(A) | Hicks: asthma, pre‑diabetes, hypertension, obesity, one functioning lung, lodged bullet increase risk of severe COVID‑19 | District Ct.: several conditions not CDC‑listed or unsupported by records; obesity/asthma/hypertension controlled; facility COVID situation mitigates risk | Court affirmed: no abuse of discretion in finding no extraordinary and compelling reason |
| Whether § 3553(a) factors and danger to community warrant release even if extraordinary reasons exist | Hicks: rehabilitation, program participation, nearly 4 years served support reduction | District Ct.: serious offense, career‑offender status, >10 years remaining, in‑prison intoxication possession show danger; § 3553(a) factors weigh against release | Court affirmed: District Court properly weighed § 3553(a) and denied release |
Key Cases Cited
- United States v. Pawlowski, 967 F.3d 327 (3d Cir. 2020) (standard of review and guidance on district court discretion in compassionate‑release decisions)