Is there any case law that supports the argument that the Eighth Amendment prohibits cruel and unusual punishment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Lopez, 37 F.3d 565 (9th Cir. 1994):
Fuentes claims that her sentence of thirty years imprisonment constitutes cruel and unusual punishment. The Eighth Amendment "forbids only extreme sentences that are 'grossly disproportionate' to the crime." United States v. Bland, 961 F.2d 123, 129 (9th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 170, 121 L.Ed.2d 117 (1992) (citations and internal quotations omitted).
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