Second, Tarragano argues that his sentence of 28-72 months' imprisonment constitutes cruel and unusual punishment. We disagree.

The statute fixing Tarragano's punishment is not unconstitutional, his sentence is within statutory limits, see NRS 202.360(1)(a), and his term of incarceration is not "so unreasonably disproportionate to the offense as to shock the conscience" when considering the nature and circumstances of his crime and his criminal history. See Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996) (quoting 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).

Having considered Tarragano's contentions and concluded that they lack merit, we ORDER the judgment of conviction AFFIRMED.

J.

Hardesty

J.

Parraguirre ksut J.

Cherry

cc: Hon. Kimberly A. Wanker, District Judge Harry R. Gensler Nye County District Attorney Attorney General/Carson City Nye County Clerk SUPREME COURT OF NEVADA (0) 1947A 73M07'