Matter of Ruiz-Lopez, 25 I&N Dec. 551 (BIA 2011) (maximum possible sentence for an offense, rather than the standard range of sentencing under a States sentencing guidelines, determines eligibility for the petty offense exception under INA 212(a)(2)(A)(ii)(II), 8 U.S.C. 1182(a)(2)(A)(ii)(II); but see United States v. Simmons, ___ F. 3d ___ (4th Cir. Aug 17, 2011)(where state sentence statute prohibits sentence in excess of one year, state conviction is not a felony under the federal definition even though statute defining the offense permits a greater sentence).