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Vacated convictions in sentencing

John Merced Lozano v. United States

Updated Nov 11, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
John Lozano filed a petition asking whether Missouri’s constitutional provision vacating earlier nonviolent marijuana convictions as legally invalid makes them “expunged” for federal sentencing.
What's at stake
It remains unresolved whether the Missouri conviction at issue counts in Lozano’s federal sentencing calculation.

Summary: written with AI from the case record.

What it's about

He also asks whether courts should continue following the rule in Stinson v. United States on how much weight to give commentary to the federal Sentencing Guidelines.

A 2022 Missouri constitutional amendment says certain earlier nonviolent marijuana convictions must be set aside as legally invalid.

Question presented

1. Whether a state conviction that the people of the state have vacated as legally invalid is “expunged” under U.S.S.G. § 4A1.2(j). 2. Whether Stinson v. United States, 508 U.S. 36 (1993), still correctly states the rule for the deference that courts must give the commentary to the Sentencing Guidelines.

What happens next

The next step is for the Court to decide whether to hear the petition. No oral argument or decision date is set.

Documents

1

Docket activity

5
  • New analysis added

    Nov 11, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 11, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 11, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 11, 2026 · Court records

  • Brief added: Petition

    Sep 1, 2026 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 11, 2026Methodology

Court records and filings

Reporting and analysis