counsel to inform Jones, in writing, of his right to petition the Supreme Court of the United States for further review. If Jones requests that a petition be filed but counsel believes such a petition would be frivolous, counsel may move in this Court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Jones. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this Court and argument would not aid in the decisional process. AFFIRMED. * Jones was initially sentenced to 124 months’ imprisonment. On appeal, the parties filed a joint motion to remand this case in light of this court's decision in United States v. Simmons, 649 F.3d 237, 241-49 (4th Cir.2011) (en banc) (<HOLDING>). By order entered on November 28, 2011, we
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 where original sentencing judge imposed a guidelines sentence defendant could not be sentenced as a habitual offender upon violation of probation holding that a north carolina offense may not be classified as a felony based on the maximum aggravated sentence that could be imposed upon a repeat offender if the individual defendant was not eligible for such a sentence holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant  according to the states sentencing guidelines holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings