MANION, Circuit Judge.
Anthony A. Ousley has an extensive history of peddling illegal drugs. Caught dealing drugs yet again, Ousley was convicted of four felonies, including one count of possession of more than 50 grams of crack cocaine with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1). On that count, the district court imposed a mandatory life sentence pursuant to 21 U.S.C. § 841(b)(1)(A). On appeal, Ousley contends 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 for powder cocaine dealers. We affirm.
Prior to committing the offense giving rise to this appeal, Ousley amassed five felony drug convictions. His most recent encounter with law enforcement occurred on March 18, 2010, when he sold 13.4 grams of crack cocaine to a police informant. As Ousley departed the scene of the transaction, police officers attempted to stop him. Ousley initially eluded the officers and then abandoned his vehicle. His evasive maneuvers proved fruitless, however, as officers soon apprehended him. Thereafter, officers searched his apartment and discovered 579 grams of crack cocaine and a number of firearms.
Ultimately, a grand jury indicted Ousley for one count of distribution of more than 5 grams of crack cocaine, in violation of § 841(a)(1); one count of possession of more than 50 grams of crack cocaine with the intent to distribute, in violation of § 841(a)(1); one count of possession of a firearm in furtherance of a federal crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i); and one count of felony possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Pursuant to 21 U.S.C. § 851, the government filed an information expressing its intent to seek an enhanced sentence based on Ousley's prior felony drug convictions.
Ousley pleaded not guilty. At trial, a jury found Ousley guilty on all counts. By
Recognizing that these arguments were futile in light of § 841(b)(1)(A)'s mandate,
On appeal, Ousley challenges only his mandatory life sentence.
Before discussing Ousley's argument, we address the government's contention that Ousley forfeited his argument by failing to raise it at sentencing. When a defendant fails to raise an Eighth Amendment claim before the sentencing court, he forfeits that claim. United States v. Carraway, 612 F.3d 642, 646 (7th Cir.2010). Here, Ousley did not specifically cite the Eighth Amendment or expressly argue that a life sentence would be cruel and unusual. Ousley contends, however, that his trial counsel raised the Eighth Amendment by discussing concerns commonly cited in opposition to mandatory life sentences. See Graham v. Florida, ___
"To preserve an issue for appellate review, a party must make a timely and specific objection, in order that he or she might alert the court and the opposing party as to the specific grounds for the objection...." United States v. Harris, 271 F.3d 690, 700 (7th Cir.2001). Remarks generally alluding to the expense of imprisonment, the viability of deterrence and rehabilitation, and the probability that the defendant may cease to be a menace to society at some future date are concerns implicated by nearly every lengthy prison sentence. Without more, these generalities do not sufficiently apprise a sentencing court that the defendant is raising an Eighth Amendment challenge. Consequently, Ousley forfeited his Eighth Amendment claim, and our review is for plain error. Carraway, 612 F.3d at 646.
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, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991). Harmelin expressly rejected the contention that the "mandatory" nature of a life sentence somehow makes it cruel and unusual. Id. 994-95, 111 S.Ct. 2680. 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, 111 S.Ct. 2680. 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, 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003) (upholding California's "three-strikes" law); cf. Lockyer v. Andrade, 538 U.S. 63, 123 S.Ct. 1166, 155 L.Ed.2d 144 (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).
Ousley questions the continued vitality of these decisions in light of the Supreme Court's recent Graham decision addressing the constitutionality of sentencing a juvenile to life without parole for a non-homicide crime. Before Graham, the Supreme Court had adopted categorical rules prohibiting death sentences for certain types of crimes or offenders. See, e.g., Kennedy v. Louisiana, 554 U.S. 407, 413, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (rape of a child under twelve years of age); Roper v. Simmons, 543 U.S. 551, 578, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (execution of juvenile offenders); Atkins v. Virginia, 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (execution of mentally retarded criminals); Coker v. Georgia, 433 U.S. 584, 592, 97 S.Ct. 2861, 53 L.Ed.2d 982 (1977) (rape of an adult woman). In Graham, the Supreme Court held that sentencing a juvenile to life without parole for a non-homicide crime constitutes cruel and unusual punishment. 130 S.Ct. at 2030; see also Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455, 2475, 183 L.Ed.2d 407 (2012) (extending Graham to juvenile murderers). Thus, Graham is the first instance wherein the Supreme Court endorsed a categorical prohibition on a non-capital
Ousley argues that Graham relieves us of our obligation to follow Harmelin, Ewing, and our decisions rejecting Eighth Amendment challenges to life sentences imposed pursuant to § 841(b)(1)(A). According to Ousley, Graham empowers us to consider in the first instance whether to adopt a categorical prohibition on mandatory life sentences without parole for crack cocaine dealers who possess an amount of crack cocaine less than the amount of powder cocaine necessary to trigger a mandatory life sentence for powder cocaine dealers. Ousley urges us to embrace this categorical rule based on the purported national consensus against crack and powder cocaine sentencing disparities.
Congress has addressed any national consensus issue in the Fair Sentencing Act.
Therefore, we conclude that Harmelin, Ewing, and our precedent unmistakably foreclose Ousley's Eighth Amendment challenge to § 841(b)(1)(A). The district court did not commit legal error — much less plain error.
For the foregoing reasons, Ousley's life sentence is AFFIRMED.