United States v. Aespuro

MEMORANDUM AND ORDER

SHUBB, Chief Judge.

Defendants move to bar the court from resentencing them on the valid counts of their convictions after the court vacated the invalid counts pursuant to 28 U.S.C. § 2255. After hearing, the court concludes it must resentence on the valid counts to correct the sentence.

I

BACKGROUND

Defendants dealt heroin from a house approximately 100 yards from an elementary school. When the police raided the place, they found inside heroin, over $120,000 in cash, an assault weapon and a revolver.

Subsequently, in 1990, a jury convicted defendants on three counts: (1)…