Parry

DISCUSSION

[1] Under ACCA, a defendant is subject to a mandatory minimum sentence of 15 years if the defendant has three or more prior convictions that qualify as “serious drug offenses.” 18 U.S.C. § 924(e)(1). The statute defines a “serious drug offense” as “an offense under State law, involving manufac- turing, distributing, or possessing with intent to manufacture or distribute, a controlled substance . . . for which a maximum term of imprisonment of ten years or more is prescribed by law.” Id. § 924(e)(2)(A)(ii).

Defendant has been convicted of three drug-related offenses. In February 2001, he pleaded guilty to two counts of Unlawful Delivery of a Schedule II Controlled Substance —methamphetamine; the charged conduct took place on two separate days. In May 1996, he pleaded guilty to Unlawful Manufacture of a Schedule I Controlled Substance— marijuana.

Defendant acknowledges that his prior conviction for man- ufacture of marijuana is a “serious drug offense.” Indeed, a conviction for manufacture of marijuana, under Oregon law, is a Class A felony. Or. Rev. Stat. § 475.840(1)(a). For a Class A felony, the maximum sentence allowed by law is 20 years. Or. Rev. Stat. §…