Billy Joe Garner entered a conditional guilty plea to one count of possessing ammunition after having been convicted of a felony, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2000), reserving the right to challenge the district court’s denial of his motion to dismiss the indictment. Garner appeals, contending that his predicate state conviction for conspiracy to sell and deliver methamphetamine was not a “crime punishable by imprisonment for a term exceeding one year” under § 922(g)(1). We affirm.

Garner asserts that the maximum sentence for the crime based on his individual criminal history and North Carolina’s structured sentencing scheme was less than twelve months. However, as Garner concedes, his argument is foreclosed by United States v. Harp, 406 F.3d 242, 246-47 (4th Cir.), cert. denied, 546 U.S. 919, 126 S.Ct. 297, 163 L.Ed.2d 259 (2005). * Because it is undisputed that a sentence of over twelve months could be imposed on a *169 defendant convicted of conspiracy to sell and deliver methamphetamine in North Carolina, the district court properly considered Garner’s prior conviction as a predicate felony for purposes of § 922(g)(1).

Accordingly, we affirm Garner’s conviction and sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.