Rodriguez (Marco) v. State ( 2013 )

 Rodriguez also contends that the district court abused its
discretion by imposing a disproportionate sentence amounting to cruel and
unusual punishment. We disagree. This court will not disturb a district
court's sentencing determination absent an abuse of discretion. See
Parrish v. State, 116 Nev. 982, 989, 12 P.3d 953, 957 (2000). Rodriguez's
prison term of 60-180 months falls within the parameters provided by the
relevant statute, see NRS 200.481(2)(e)(2), and is not so unreasonably
disproportionate to the gravity of the offense as to shock the conscience,
see CuIverson v. State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979); see
also Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality
opinion). Rodriguez's assertion that his sentence is cruel and unusual
because his codefendant's sentence was less severe lacks merit. Nobles v.
Warden, 106 Nev. 67, 68, 787 P.2d 390, 391 (1990) (emphasizing that
"sentencing is an individualized process"). We conclude that the district
court did not abuse its discretion at sentencing.
Having considered Rodriguez's contentions and concluded that
they lack merit, we
ORDER the judgisoftntotofsonviction AFFIRMED.
Gil!bons
J. J.
Douglas Saitta
cc: Hon. Jerome Polaha, District Judge
McMahon Law Offices, Ltd.
Law Office of Thomas L. Qualls, Ltd.
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
2
(0) 1947A