U.S. v. Spencer

Dist. Ct. erred in sentencing defendant to 15-year term of incarceration on unlawful possession of firearm charge that was based in part on finding that defendant was armed career criminal that, in turn, was based in part on Wisc. state conviction for manufacture/delivery of methamphetamine. Qualifying conviction for purposes of armed career criminal treatment requires that drug offense have maximum term of at least 10 years, and state court in instant Wisc. conviction could only have sentenced defendant to 7.5-year term. Fact that defendant’s actual incarceration for said conviction could extend beyond 10 years based on bad conduct in prison did not make said conviction eligible for armed career criminal treatment.