United States v. Jacob

84 F. App'x 781

Opinion

MEMORANDUM**

Alander L. Jacob appeals the district court’s denial of his motion pursuant to Federal Rule of Criminal Procedure 36. We have jurisdiction over this final judgment pursuant to 28 U.S.C. § 1291, and affirm the district court’s order.

Because Mr. Jacob’s claim was not the proper subject of a Rule 36 motion, the district court correctly determined that it lacked jurisdiction to resentence Mr-. Jacob. See United States v. Penna, 319 F.3d 509, 513 (9th Cir.2003); United States v. Kaye, 739 F.2d 488, 490 (9th Cir.1984).

AFFIRMED.

Footnotes

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This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.