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Ewing v. California

5-4

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The Eighth Amendment and the Proportionality Requirement

There's no threat of violence in either case, right? The only distinction that she points out is that this theft was for $1,200. It's not like you pulled a gun on the cashier or anything. So if you are trying to pull a threat of logic out from the court's reasoning here, harrowing,. They seem to be implying that somewhere between stealing $237 and stealing $1,000, there's an unidentified line where you can risk life in prison. That is the mental logic of this opinion.

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