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151161P.pdf   07/01/2016  United States  v.  Quentin Tidwell
   U.S. Court of Appeals Case No:  15-1161
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Loken, Author, with Gruender and Kelly, Circuit Judges] 
   Criminal case - Sentencing. After vacating a sentence in a Section 2255 
   proceeding, when calculating criminal history points for resentencing, a 
   district court may consider a conviction imposed after the original 
   vacated sentence as a prior sentence under Guidelines Sec. 4A1.2(a)(1); 
   here, the conduct underlying the conviction imposed after the original 
   vacated sentence was not relevant conduct for sentencing purposes as the 
   conduct in the later case involved different drugs and a time gap. Judge 
   Kelly, dissenting.