United States v. Rodriquez, 464 F.3d 1072 (9th Cir. Oct. 5, 2006) (Washington convictions for delivery of a controlled substance, in violation of Wash. Rev.Code 9A.20.021(1)(c), did not qualify as predicate "serious drug offense" "for which a maximum term of imprisonment of ten years or more is prescribed by law," under the Armed Career Criminal Act, 18 U.S.C. 924(e)(2)(A)(ii), since the statutory maximum for each offense was five years, and was increased only as a result of a recidivist sentence enhancement, which cannot be considered as punishment for the offense itself), following United States v. Corona-Sanchez, 291 F.3d 1201 (9th Cir.2002) (en banc).

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