Whether a diversionary disposition that results in a later revocation and imprisonment should be counted as a sentence under § 4A1.1(b) rather than a diversionary disposition under § 4A1.1(c)

QUESTION PRESENTED Section 4A1.2 (f) of the United States Sentencing Guidelines provides that a diversionary disposition resulting from a finding or admission of guilt in a judicial proceeding is counted as a sentence under § 4A1.1 (c) and is treated as a 1-point offense for criminal history purposes. 1. Where a sentencing court later imposes 255 days of imprisonment for revocation of the 3-year probation imposed for the diversionary disposition, does the imprisonment change the diversionary disposition into a sentence counted under § 4A1.1 (b), based on the number of days of imprisonment rather than a diversionary disposition? 2. Where a sentence is based on an incorrect calculation of a defendant's Guideline range, and results in a higher upper end of that range, is such a sentence based on erroneous and material information and assumptions in violation of due process?