Whether an offense is 'punishable by imprisonment for more than one year' when the maximum term permitted by the applicable statutory sentencing scheme at the time of conviction is one year or less

QUESTION PRESENTED The Controlled Substances Act (CSA) imposes sentencing enhancements based on an offender’s prior felony convictions. 21 U.S.C. § 841(b)(1)(A). A “felony” is defined, for purposes of the CSA, as “[a]n offense that is punishable by imprisonment for more than one year under any law of the United States or of a State.” Id. § 802(44). The question presented is whether an offense is “punishable by imprisonment for more than one year” when the maximum term permitted by the applicable statutory sentencing scheme at the time of conviction is one year or less.