United States v. Hicks

Opinion

Case: 25-30376 Document: 58-1 Page: 1 Date Filed: 05/11/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 25-30376 FILED May 11, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Richard Dean Hicks,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:23-CR-137-1 ______________________________

Before Richman, Southwick, and Willett, Circuit Judges. Per Curiam: * Richard Dean Hicks was convicted of one count of attempted sexual exploitation of a minor, one count of sex trafficking of a minor, one count of promotion and solicitation of child pornography, and five counts of attempted production of child pornography following a jury trial. He was

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-30376 Document: 58-1 Page: 2 Date Filed: 05/11/2026

No. 25-30376

sentenced within the applicable guidelines range. On appeal, Hicks challenges the substantive reasonableness of his life imprisonment sentence. This court reviews the substantive reasonableness of the sentence imposed for abuse of discretion. Gall v. United States, 552 U.S. 38, 51 (2007). Because his sentence was within a properly calculated guidelines range, it is presumed reasonable. See id.; United States v. Fatani, 125 F.4th 755, 761 (5th Cir. 2025). The record shows that the district court weighed and considered the sentencing factors and Hicks’s arguments for a lesser sentence. Ultimately, the district court was not persuaded by his arguments for a lower sentence, including his medical conditions and age. We conclude that the district court did not abuse its discretion. See Gall, 552 U.S. at 51; United States v. Rodriguez, 523 F.3d 519, 526 (5th Cir. 2008). AFFIRMED.