Gaines (Andra) v. State ( 2013 )

 Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion) (explaining
that Eighth Amendment does not require strict proportionality between
crime and sentence; it forbids only an extreme sentence that is grossly
disproportionate to the crime). The sentence imposed is within the
parameters provided by the relevant statute, see NRS 207.010(1)(b), and
appellant does not allege that the statute is unconstitutional. Further,
this court has consistently observed that "NRS 207.010 makes no special
allowance for non-violent crimes"; rather, that is a consideration within
the district court's sentencing discretion. Arajakis v. State, 108 Nev. 976,
983, 843 P.2d 800, 805 (1992); see Tillema v. State, 112 Nev. 266, 271, 914
P.2d 605, 608 (1996). We are not convinced that the sentence imposed is
so grossly disproportionate to the crime and appellant's history of
recidivism as to constitute cruel and unusual punishment. See Ewing v.
California, 538 U.S. 11, 29 (2003) (plurality opinion). Accordingly, we
ORDER the judgment of conviction AFFIRMED.
Hardesty
Parraguirre
cc: Hon. James M. Bixler, District Judge
Keith C. Brower
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
(0) 1947A