bob mcdonnell used his office to benefit a nutritional supplement company whose president lavished gifts on him and his wife .
his lawyers argue that he never performed any ` official acts ' for star scientific , a company that sought support for his ` anatabloc ' supplement .
mcdonnell was sentenced to two years in prison and his wife got one year and one day ; they 're both free pending appeals .
three-judge federal court panel will hear the former governor 's appeal on may 12 .