unlawful possession of a firearm. Under Kansas law, the maximum possible sentence for this offense was twenty-three months — for a hypothetical offender with a more extensive criminal history. Additionally, under the Kansas sentencing scheme used at that time, the trial court could enhance a sentence, solely at its discretion, based on an expressly non-exclusive list of aggravating factors. Id. at 1148 n. 1. We held that because section 922 penalized anyone convicted of a crime punishable by more than one year, Arnold’s prior conviction qualified as a pri- or felony. Id. at 1148. We noted that, “[w]hat matters is not the actual sentence which the appellant received, but the maximum possible sentence.” Id. See also United States v. Norris, 319 F.3d 1278, 1281-82 (10th Cir.2003) (<HOLDING>). The state of the law on this issue changed
holding that a felony drug offense is an offense punishable by more than one year as defined in 21 usc  80244 2000 regardless of whether the state of conviction classified the particular offense as a misdemeanor or felony 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