United States v. Anthony Ousley, 698 F.3d 972

Ousley has an extensive history of felony drug convictions and was convicted on four federal counts, including possession with intent to distribute 579 grams of crack cocaine, which under § 841(b)(1)(A) triggers a mandatory life sentence given his prior felonies.
On March 18, 2010, Ousley sold 13.4 grams of crack cocaine to a police informant; he fled but was apprehended and authorities found 579 grams of crack cocaine and several firearms in his apartment.
Indictment charged four counts: distribution of more than 5 grams of crack cocaine, possession of more than 50 grams with intent to distribute, firearm in furtherance of a drug crime, and felony firearm; government filed a § 851 enhancement for prior drug felonies.
Jury convicted all counts; verdict found 579 grams involved in the possession-with-intent-to-distribute offense; district court sentenced Ousley to life on that count and imposed concurrent sentences of 360 months on other counts and 60 months consecutive on a firearm count.
Ousley appeals the mandatory life sentence as unconstitutional under the Eighth Amendment, arguing a lack of individualized consideration and a national consensus against crack/powder cocaine disparities; the district court and government dispute this challenge on control by Harmelin and related precedent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does § 841(b)(1)(A) mandating life for possession with intent violate the Eighth Amendment?	Ousley argues categorical prohibition due to disparity and lack of individualized review.	Government argues Harmelin controls; no requirement for individualized consideration.	No; Harmelin controls; sentence affirmed.
Was Ousley's Eighth Amendment claim forfeited at sentencing?	Counsel discussed costs, deterrence, and rehabilitation, signaling a challenge.	Objection not explicit; standard forfeiture rules apply.	Yes, forfeited; plain-error review applied and rejected.

Harmelin v. Michigan, 501 U.S. 957 (1991) (mandatory life sentence not per se cruel and unusual)
Ewing v. California, 538 U.S. 11 (2003) (upholds three-strikes-like mandatory life sentence)
Graham v. Florida, 130 S. Ct. 2011 (2010) (juvenile life without parole for non-homicide generally prohibited)
Miller v. Alabama, 132 S. Ct. 2455 (2012) (extends Graham to juveniles in murder context)
Carraway, 612 F.3d 642 (7th Cir. 2010) (forfeiture and plain-error standards for Eighth Amendment claims)
United States v. Strahan, 565 F.3d 1047 (7th Cir. 2009) (upholding mandatory life under § 841(b)(1)(A))
Cephus, 684 F.3d 703 (7th Cir. 2012) (addressing Harmelin/Graham in post-Graham context)