; and . (b) Limitation on use of certain information To determine guideline range Subsection (f)(5) of section 3553 of title 18, United States Code, as amended by section 402(a) of this Act, is amended further by adding at the end the following: (h) Limitation on use of certain information To determine guideline sentence Information and evidence provided by the defendant pursuant to this paragraph shall not be used by the court in determining the applicable guideline range, or in imposing an upward departure or variance. . 403. Consistency in the use of prior convictions for sentencing enhancements (a) Definition of felony drug offense Section 102(44) of the Controlled Substances Act ( 21 U.S.C. 802(44) ) is amended to read as follows: (44) For the purpose of increased punishment based on a prior conviction for a felony drug offense , the term felony drug offense — (A) means an offense under Federal or State law that— (i) has as an element the knowing manufacture, distribution, import, export, or possession with intent to distribute a controlled substance; (ii) is classified by the applicable law of the jurisdiction as a felony for which a maximum term of imprisonment of 10 years or more is prescribed by law; and (iii) for which a sentence of imprisonment exceeding 1 year and 1 month was initially imposed and was not suspended; but (B) does not include an offense for which— (i) the conviction occurred more than 10 years before the defendant’s commission of the instant offense, excluding any period during which the defendant was incarcerated; (ii) the prosecution relating to the offense was ultimately dismissed, including in a case in which the defendant previously entered a plea of guilty or nolo contendere; (iii) the conviction has been reversed, vacated, set aside, or otherwise vitiated by judicial action; (iv) the conviction was expunged; (v) the defendant has been pardoned or had civil rights restored