Shazier was not excused from serving that sentence. The only arguable diversion that the pardon had was the after-effect of the conviction. Although not specifically defined, it is clear that this section does not apply to sentences where confinement is imposed and served. Convictions Set Aside or Defendant Pardoned. A number of jurisdictions have various procedures pursuant to which convictions may be set aside or the defendant may be pardoned for reasons unrelated to innocence or errors of law, e.g., in order to restore civil rights or to remove the stigma associated with a criminal conviction.
Sentences resulting from such convictions are to be counted.
There is no suggestion otherwise. Shazier properly concedes that his conviction was not expunged by the pardon. Second, the argument made in that case, which defendant lost, was that the successful completion of his supervision should be equated with expungement of the conviction under the guidelines. None of Shazier's arguments concerning the two-level enhancement merits reversal. The cooperating statements given by Xavier Stubbs and Kara Paul were obtained prior to Shazier's arrest.