A Mississippi man being held at a county jail on a misdemeanor charge asked a guard to charge his cellphone. The phone was confiscated, and the man was slapped with a 12-year prison sentence for possessing a phone in a correctional facility.
Nash did not appeal the verdict but challenged his sentence, saying it was"grossly disproportionate to the crime" and violated the U.S. Constitution's Eighth Amendment, which forbids cruel and unusual punishments.
Justice James D. Maxwell II, writing for the court, said in the court document that while Nash’s sentence of 12 years was harsh it fell within the statutory range for that offense. King pointed out that an officer testified in Nash’s case that all inmates being booked into jail are strip-searched,"yet Nash went into the jail with a large smartphone that would have likely been impossible to hide during a strip search."
King said because the crime was victimless, the prosecutor and court could have taken a rehabilitative approach, instead of handing down a sentence.
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