SPERO v. U.S.

Nos. 03-14586, 03-14587 Non-Argument Calendar.

375 F.3d 1285 (2004)

Donald Jerome SPERO, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant. Mary Catherine Jones, Petitioner-Appellee, v. United States of America, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 8, 2004.


Attorney(s) appearing for the Case

Peter J. Sholl, Tamra Phipps, Tampa, FL, for U.S.

Francis Wesley Blankner, Jr., Jaeger & Blankner, Orlando, FL, for Spero.

H. Manuel Hernandez (Court-Appointed), Longwood, FL, for Jones.

Before BIRCH, DUBINA and CARNES, Circuit Judges.


PER CURIAM:

The government appeals the grant of Donald Jerome Spero's and Mary Catherine Jones's motions to vacate sentence, filed pursuant to 28 U.S.C. § 2255, and the subsequent re-sentencing of the defendants to time served.

The defendants were convicted of possession with intent to distribute heroin in violation of 21 U.S.C. § 841(b)(1)(C). The statutory maximum punishment for this offense is twenty years. No minimum

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