USA v. Jesus Lopez-Ramirez, No. 04-16518 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ELEVENTH CIRCUIT ________________________ APR 5, 2006 THOMAS K.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. 2

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