context: .Other courts have held that a state conviction that has been vacated because of the constitutional invalidity of a plea should not be counted for purposes of the Guidelines.
citation_a.signal: see
citation_a.identifier: 2004 WL 2414843, at *2
citation_a.parenthetical: finding it impermissible to count state conviction for federal sentencing purposes where guilty plea was withdrawn based on invalidity of plea, finding of guilt was withdrawn, and charge was dismissed
citation_a.sentence: See, e.g., United States v. Mobley, 96 Fed.Appx. 127, 129 (4th Cir.2004) (vacating denial of § 2255 petition and remanding for resentenc-ing where state conviction that was set aside after federal sentencing based upon constitutional invalidity of guilty plea was "expunged” and should not have been included in calculating criminal history points); LaValle, 175 F.3d at 1108 (holding that court should have granted § 2255 petition where state conviction used to enhance federal sentence was vacated based on invalidity of plea); United States v. Lopez, No. Crim. 03-302, 2004 WL 2414843, at *2 (D.Minn. Oct 18, 2004) (finding it impermissible to count state conviction for federal sentencing purposes where guilty plea was withdrawn based on invalidity of plea, finding of guilt was withdrawn, and charge was dismissed).
citation_b.signal: see also
citation_b.identifier: 198 F.3d 813, 813-14
citation_b.parenthetical: affirming allowance of SS 2255 motion after defendant successfully attacked prior state conviction used to enhance federal sentence
citation_b.sentence: See also Walker, 198 F.3d at 813-14 (affirming allowance of § 2255 motion after defendant successfully attacked prior state conviction used to enhance federal sentence); Candelaria, 247 F.Supp.2d at 134 (granting § 2255 motion after state conviction, which served as a predicate offense for USSG § 4B1.1 purposes, had been vacated).