MEMORANDUM ***

Even if petitioner preserved his claim, there is simply nothing cruel or unusual about a seventy-month mandatory sentence for intentionally and unexcusedly shooting someone in the back with a firearm. See Andrade v. Attorney General, 270 F.3d 743, 754 (2001) (“[The Eighth Amendment] forbids only extreme sentences that are ‘grossly disproportionate’ to the crime.” (internal quotation marks omitted)); see also Harmelin v. Michigan, 501 U.S. 957, 995, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (“There can be no serious contention ... that a sentence which is not otherwise cruel and unusual becomes so simply because it is ‘mandatory.’ ”).

AFFIRMED.