United States v. Alfonso Hayden

O’SCANNLAIN, Circuit Judge:

We must decide whether a conviction “set aside” pursuant to the California probation statute is an “expunged” conviction under the United States Sentencing Guidelines.

I

In a superseding indictment filed in the Northern District of California on August 27, 1991, the government charged Alfonso Hayden and his 16 co-defendants with 92 counts of cocaine and heroin trafficking, possession and use of firearms, passing counterfeit currency, and money laundering. On August 28, 1993, Hayden pleaded guilty to conspiracy to distribute cocaine and heroin, in violation of 21…