Man sentenced at 24 to 112 years granted release (2021)

Originally published April 25, 2021. Statements about the law were updated in October 2026; the box below gives today’s rules.

What the law says now (October 2026). A federal judge can reduce a sentence for “extraordinary and compelling” reasons (reasons that are especially unusual and convincing). You must first ask the warden in writing. You can file in court 30 days after the warden gets the request, or sooner if you finish the Bureau of Prisons’ appeals (18 U.S.C. § 3582(c)(1)(A)). The judge also weighs the sentencing factors in 18 U.S.C. § 3553(a). See who may seek compassionate release.

Changes in sentencing law. In Rutherford v. United States (May 28, 2026), the Supreme Court held that when Congress makes a sentencing change non-retroactive (meaning it does not apply to people already sentenced), such as the First Step Act’s end of “stacked” § 924(c) sentences, the gap between an old sentence and today’s sentence cannot be an “extraordinary and compelling” reason, alone or combined with other reasons. Some older posts here describe court wins on that theory; those wins are history, not today’s law.
Rehabilitation. By law, rehabilitation alone is not an extraordinary and compelling reason (28 U.S.C. § 994(t)). It can be weighed together with other reasons (U.S.S.G. § 1B1.13(d)).

Outcomes vary. A past result does not predict or guarantee the outcome of any other case.

In April 2021, a federal judge in Oklahoma granted compassionate release to James Edward Hicks, who had been sentenced to more than 112 years for robberies he committed at age 24. The court pointed to his youth at the time, his rehabilitation, and his good behavior. Part of the court’s reasoning is no longer allowed under current law, as explained below.

Youthful Offender

United States v. Hicks

United States District Court for the Northern District of Oklahoma

2021 U.S. Dist. LEXIS 75084

Harsh sentence for crimes committed in inmate’s youth leads to compassionate release

His case

In 1998, James Edward Hicks was sentenced to 112 years and six months in prison for his part in six robberies over about a month, when he was only 24 years old. Hicks later asked for compassionate release based on several factors.

Changes in sentencing law

Since Hicks was sentenced in 1998, major reforms have been made to avoid overly long prison sentences. Many of these changes were not made retroactive. In 2021, some district courts found that the big sentencing gaps they created, combined with other factors, could support a reduction. That is no longer the law: the Supreme Court held in Rutherford v. United States (May 28, 2026) that a gap caused by a change in sentencing law that Congress did not make retroactive (did not apply to people already sentenced) cannot be an “extraordinary and compelling” reason, alone or combined with other reasons.

His rehabilitation

Hicks recognizes how serious his wrongdoing was and has committed himself to proving his rehabilitation. In prison, he has completed many hours of classes and programs in many subjects. He has been dedicated to his own rehabilitation and that of others. His prison transcript is extensive, with well over 6,000 hours of educational courses and apprenticeships.

Why the judge said yes

The court considered Hicks’s status as a youthful offender, his rehabilitation in prison, his youth at the time of the offense, his lack of prior felony convictions, and his good behavior in prison. At the time, it also considered the gap between his sentence and the sentences given for similar crimes after the First Step Act. Together, the court found these were extraordinary and compelling circumstances, and it granted his request for compassionate release.

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