518 (2005). Sales also contends that his North Carolina convictions for breaking and entering did not constitute “violent felonies” under 28 U.S.C.A. § 924(e)(2)(B) (West 2000 & Supp.2005) because they were not “punishable by imprisonment for a term exceeding one year.” Although breaking and entering, a Class H felony, carries a maximum term of 30 months’ imprisonment, Sales was only subject to a term of 10-12 months, due to his criminal history and lack of admitted aggravating factors. (J.A. at 96, 104-05); see North Carolina v. Allen, 359 N.C. 425, 615 S.E.2d 256, 265-70 (2005) (<HOLDING>). However, as Sales admits, his argument is
holding that the safety valve provision of 18 usc  3553f is not unconstitutional under apprendi 530 us 466 120 sct 2348 147 led2d 435 or blakely v washington 542 us 296 124 sct 2531 159 led2d 403 2004 holding the same under blakely v washington 542 us 296 124 sct 2531 159 led2d 403 2004 holding that after blakely v washington 542 us 296 124 sct 2531 159 led2d 403 2004 statutory maximum is the maximum that this particular defendant can face in light of his criminal history and the facts found by a jury or admitted by the defendant holding that blakely v washington 542 us 296 124 sct 2531159 led2d 403 2004 did not overrule almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 holding that blakely v washington 542 us 296 124 sct 2531 159 led2d 403 2004 and state v schofield 2005 me 82 895 a2d 927 do not retroactively apply to cases on collateral review