ORDER
Under the relevant rules, a case is appropriate for en banc consideration if a rehearing "is necessary to secure or maintain uniformity" in our decisions, or if the case "involves a question of exceptional importance." See Fed. R.App. P. 35(a)(1) and (a)(2). I believe that this case qualifies for rehearing en banc on both counts.
The answer to the question of whether a sentence violates the eighth amendment is heavily dependent...
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