United States v. Jesus Lopez-Ramirez

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED

FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT APR 5, 2006

THOMAS K. KAHN

No. 04-16518

CLERK

________________________

D. C. Docket No. 04-00077-CR-T-26-MSS UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

JESUS LOPEZ RAMIREZ, MIGUEL ATILANO GARCIA, MANUEL RAMIREZ GARZON, et al.,

Defendants-Appellants.

________________________

Appeals from the United States District Court for the Middle District of Florida

_________________________

(April 5, 2006)

Before ANDERSON, DUBINA and HILL, Circuit Judges. PER CURIAM:

The jurisdictional issue raised by appellants is foreclosed by our recent opinion in United States v. De La Cruz, ___ F.3d ___, 2006 WL 759777 (11th Cir. 2006). The other arguments of appellants challenging their convictions are rejected without need for further discussion.

Pursuant to the concession by the government, the sentences of all five appellants are vacated, and each is remanded for resentencing.

AFFIRMED as to the convictions; VACATED AND REMANDED as to the sentences.