Disproportionate Sentences As Constitutional Right Violation
In McGruder v. Puckett, 954 F.2d 313 (5th Cir. 1992), the court reviewed the opinions in Solem v. Helm, 463 U.S. 277, 77 L. Ed. 2d 637, 103 S. Ct. 3001 (1983), and Harmelin v. Michigan, 501 U.S. 957, 115 L. Ed. 2d 836, 111 S. Ct. 2680 (1991), and concluded that the Eighth Amendment contains a guaranty against disproportionate sentences. See McGruder, 954 F.2d at 316.
According to McGruder, we must first determine whether the sentence is disproportionate to the offense. See id.
If it is, we then compare the sentence in question to sentences received for similar crimes in the same jurisdiction and in other jurisdictions. See id.