Sentencing — cruel and unusual punishment — life sentences

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — cruel and unusual punishment — life sentences

A life sentence for possession of crack cocaine with intent to distribute is not cruel and unusual punishment.

“There is no error, plain or otherwise, because Supreme Court precedent, as well as our own precedent, forecloses Ousley’s Eighth Amendment challenge. In Harmelin v. Michigan, the Supreme Court held that a mandatory life sentence for possession of 672 grams of cocaine does not constitute cruel and unusual punishment within the meaning of the Eighth Amendment. 501 U.S. 957, 994-96 (1991). Harmelin expressly rejected the contention that the ‘mandatory’ nature of a life sentence somehow makes it cruel and unusual. Id. 994-95. Thus, Harmelin declined to adopt an Eighth Amendment requirement that a life sentence be attended by particularized consideration of the offender’s character and record. Id. at 995-96. Additionally, the Supreme Court has rejected Eighth Amendment challenges to statutorily mandated life sentences for defendants with prior felony convictions. See Ewing v. California, 538 U.S. 11, 25 (2003) (upholding California’s ‘three-strikes’ law); cf. Lockyer v. Andrade, 538 U.S. 63 (2003). In line with such precedent, we have repeatedly upheld mandatory life sentences imposed pursuant to § 841(b)(1)(A) against Eighth Amendment challenges. See, e.g., Carraway, 612 F.3d at 644, 646; United States v. Strahan, 565 F.3d 1047, 1052-53 (7th Cir. 2009).”

Affirmed.

11-2760 U.S. v. Ousley

Appeal from the United States District Court for the Central District of Illinois, Shadid, J., Manion, J.