Is the maximum sentence for possession with intent to distribute marijuana disproportionate in violation of the eighth amendment?

Boese does not contend that the maximum sentences authorized by statute are disproportionate. He complains instead that his individual sentence is disproportionate. Justice Kennedy specifically observed that a far more severe sentence--40 years--for a crime far less serious than Boese's--possession with intent to distribute nine ounces of marijuana--was not disproportionate. Id. at 2706 (citing Hutto v. Davis, 454 U.S. 370 (1982)). We conclude that Boese's sentence is not disproportionate in violation of the eighth amendment.