Pinkston

MEMORANDUM **

David L. Pinkston appeals the district court’s denial of his Federal Rule of Criminal Procedure Rule 35 motion to vacate or dismiss the fine and costs of incarceration imposed as part of his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Pinkston contends that the imposition of a fine as part of his sentence was inappropriate because the district court should not have departed from the presentence report recommendation and that the district court failed to consider and make specific findings regarding the financial resources of the defendant. Federal Rule of Criminal Procedure Rule 35 does not provide the relief that Pinkston requests and accordingly, the district court’s denial was proper. See FED. R. CRIM. P. 35 (allowing for correction or reduction of sentence determined by a court of appeal to have been *716 unlawfully imposed, on government motion to reflect post-sentencing substantial assistance, or within 7 days after the imposition of sentence, where the court has imposed an incorrect sentence “as a result of arithmetical, technical, or other clear error”); see also United States v. Barragan-Mendoza, 174 F.3d 1024, 1028 (9th…