Rodriguez (Marco) v. State

Opinion

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

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