by this court’s decision in United States v. Harp, 406 F.3d 242, 246 (4th Cir.2005) (<HOLDING>), cert. denied, - U.S.-, 126 S.Ct. 297, 163
holding that to determine whether a north carolina conviction for a crime is punishable by a prison term exceeding one year a court is to consider the maximum aggravated sentence that could be imposed for that crime upon a defendant with the worst possible criminal history internal quotation marks and emphasis omitted holding that for purposes of applying enhanced penalty in  841b1a felony drug offense includes any crime punishable by more than one year of imprisonment regardless of whether it is classified as a felony or a misdemeanor holding that the mere possibility of an upward departure beyond one year qualifies a kansas offense as one punishable by imprisonment for a term exceeding one year holding that determination of whether prior conviction was punishable by term of imprisonment exceeding one year is governed by law in effect on date of conviction holding that a prior north carolina conviction was for a crime punishable by imprisonment for a term exceeding one year if any defendant charged with that crime could receive a sentence of more than one year