Can a sentence which does not exceed the maximum maximum maximum penalty be overturned on Eighth Amendment grounds?

Ordinarily, a sentence which does not exceed the statutory maximum will not be overturned on Eighth Amendment grounds. United States v. McDougherty, 920 F.2d 569, 576 (9th Cir.1990), cert. denied, 111 S.Ct. 1119 (1991). Nevertheless, we consider three factors in determining the constitutionally of a sentence within the statutory penalty: "(1) the gravity of the offense and harshness of the penalty; (2) the comparison with sentences imposed on other criminals in the same jurisdiction; and (3) where appropriate, the comparison with sentences imposed for commission of the same crime in other jurisdictions." Id. (citing Solem v. Helm, 463 U.S. 277, 290-92 (1983)).