The U.S. Court of Appeals for the Eleventh Circuit has affirmed a 15-year prison sentence for Tomario Ricardo Hicks, who pled guilty to illegal firearm possession as a convicted felon. The court upheld the enhanced sentence imposed under the Armed Career Criminal Act in a decision filed Monday.
Hicks was convicted of violating 18 U.S.C. § 922(g)(1), which prohibits convicted felons from possessing firearms. The U.S. District Court for the Middle District of Georgia imposed an enhanced sentence of 180 months' imprisonment under the Armed Career Criminal Act (ACCA), codified at 18 U.S.C. § 924(e).
The case stems from a January 28, 2022 traffic stop conducted by the Georgia State Patrol. During the stop, officers observed Hicks throwing items out of his car's front passenger window. Hicks subsequently admitted to officers that he had discarded ecstasy pills and that he possessed a firearm in the vehicle.
Law enforcement recovered eight small bags from the roadside near Hicks's car, each containing 10 colored pills. Laboratory testing later confirmed that the pills contained more than 32 grams of controlled substances, according to court documents.
The Armed Career Criminal Act provides for enhanced penalties for defendants who possess firearms illegally and have three or more prior convictions for violent felonies or serious drug offenses. Under the ACCA, qualifying defendants face a mandatory minimum sentence of 15 years in federal prison, significantly longer than the standard sentencing range for felon-in-possession charges.
Hicks appealed his sentence to the Eleventh Circuit on three grounds, though the court's per curiam opinion does not detail the specific arguments raised. The three-judge panel, consisting of Circuit Judges Rosenbaum, Branch, and Grant, reviewed Hicks's claims and rejected each of them.
"After careful review, we affirm," the court wrote in its brief per curiam opinion.
The decision demonstrates the continued application of federal sentencing enhancement laws designed to impose longer prison terms on repeat offenders. The ACCA was enacted as part of broader federal efforts to target career criminals and reduce recidivism through deterrent sentences.
Felon-in-possession cases represent a significant portion of federal firearms prosecutions. Under 18 U.S.C. § 922(g)(1), any person who has been convicted of a crime punishable by imprisonment for more than one year is prohibited from possessing firearms or ammunition. Violations can result in up to 10 years in prison under standard sentencing guidelines.
However, when the ACCA applies, the sentencing landscape changes dramatically. The statute requires courts to impose sentences between 15 years and life imprisonment for qualifying defendants. This represents one of the most significant sentencing enhancements in federal criminal law.
The Eleventh Circuit's jurisdiction covers Alabama, Florida, and Georgia, making it a key venue for federal criminal appeals in the Southeast. The court's decision in *United States v. Hicks* reinforces established precedent regarding ACCA sentences and demonstrates the challenges defendants face when appealing enhanced sentences under federal law.
Court records indicate that Hicks's case originated in the Middle District of Georgia, where he entered his guilty plea before receiving the enhanced sentence. The case was designated "for publication," meaning the Eleventh Circuit's opinion will serve as binding precedent for future cases within the circuit.
The timing of the decision, filed on February 10, 2026, reflects the typical appellate timeline for federal criminal cases. Appeals of criminal sentences often take more than a year to resolve as courts carefully review sentencing decisions and constitutional challenges.
While the court's opinion does not elaborate on Hicks's specific arguments on appeal, challenges to ACCA sentences typically focus on whether prior convictions qualify as predicates under the statute, procedural issues during sentencing, or constitutional challenges to the enhancement itself.
The Supreme Court has repeatedly addressed ACCA-related issues in recent years, clarifying which prior convictions qualify for enhancement purposes and establishing procedures for courts to follow when applying the statute. These decisions have created a complex body of law that defense attorneys and prosecutors must navigate in felon-in-possession cases.
The Hicks decision adds to the substantial body of case law interpreting and applying the ACCA in the Eleventh Circuit. The court's affirmance of the 180-month sentence signals continued judicial support for enhanced penalties under federal sentencing statutes designed to address repeat offenders.
For defendants facing similar charges, the decision underscores the significant consequences of firearm possession violations when combined with qualifying criminal histories. The case also highlights the importance of the plea negotiation process in federal criminal cases, where defendants must weigh the certainty of enhanced sentences against the risks of proceeding to trial.