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1179, one hundred fifty five L.Ed.2nd 108 (2003)24 ("Mandatory sentencing techniques in non-capital scenarios are matter to a narrow proportionality investigation less than the Eighth Amendment.") United States v. Walker, 473 F.3d 71, 79 (third Cir.2007) ("Only an remarkable case will end result in a constitutional violation."). This is wherever I bought in a little little bit of issues for the reason that the situation towards Weave was terrible. 233, 612 A.2nd 458, 462 (1992) (en banc), which he asserts "adopted specific principles of proportionality critique established in Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2nd 637 (1983)." Appellant's temporary at 21. The defendant in Spells lifted a proportionality of sentence argument following she was charged and convicted of aggravated assault, and was sentenced to a necessary 5 yr to ten 12 months sentence pursuant to 42 Pa.C.S.A. 957, 111 S.Ct. 2680, a hundred and fifteen L.Ed.2d 836 (1991). In his concurring impression, Justice Kennedy, joined by Justices O'Connor and Souter, attempted to reconcile the Court's conflicting viewpoints on the subject matter, recognizing that the Eighth Amendment's cruel and uncommon punishment clause encompasses a slim proportionality basic principle that applies to non-cash conditions. 11, 20, 123 S.Ct. N.T. 4/20/09 at 24 Commonwealth's Exhibit seven (Sexually Violent Predator Assessment Report) at eight. An SVP hearing was then held before Judge Ebert on April 20, 2009, throughout which Hays and Byran Nelson Spease testified for the Commonwealth.