United States v. Ousley, No. 11-2760 (7th Cir. 2012)
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Before selling 13.4 grams of crack cocaine to a police informant in 2010, Ousley had five felony drug convictions. Departeingthe scene of the transaction, Ousley initially eluded officers and abandoned his vehicle. Officers apprehended him, searched his apartment, and discovered 579 grams of crack cocaine and several firearms. Ousley was convicted of distribution of more than 5 grams of crack cocaine, 21 U.S.C. 841(a)(1); possession of more than 50 grams of crack cocaine with the intent to distribute, 841(a)(1); possession of a firearm in furtherance of a federal crime, 18 U.S.C. 924(c)(1)(A)(i); and felony possession of a firearm, 18 U.S.C. 922(g)(1). Pursuant to 21 U.S.C. 851, the government had expressed intent to seek an enhanced sentence based on Ousley’s prior convictions. Because Ousley had at least two prior drug felonies and possessed more than 50 grams of crack cocaine that he had intended to distribute, 841(b)(1)(A) required a sentence of life imprisonment on the possession-with-intent-to-distribute count. The Seventh Circuit affirmed, rejecting an argument that the Eighth Amendment’s prohibition against cruel and unusual punishments precludes a mandatory life sentence for dealers who possess a smaller quantity of crack cocaine than the quantity of powder cocaine necessary to trigger a similar sentence.
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