Judge Susan Bolton, a Senior United States District Judge for the District Court for the Court of Arizona, appears unsure if she can toss Judge Arpaio's conviction following his pardon according to Lawnewz.
In an order on Thursday, Judge Bolton wrote that while Arapaio did receive a pardon, she might not be able to legally toss the conviction because he hasn’t been sentenced yet. Her reasoning is that without sentencing, there’s not final judgment in the case, and you can’t vacate a judgment that doesn’t exist yet. Bolton wrote than when the government submitted a motion supporting eliminating Arpaio’s conviction, the legal precedent they cited only refers to cases where a judgment was already in place.
Not only that, Bolton cited Supreme Court case that said, “a pardon is in no sense an overturning of a judgment of conviction by some other tribunal; it is an executive action that mitigates or sets aside punishment for a crime.”