Malkus

MEMORANDUM **

James Malkus, Patrick Frega and Dennis Adams were convicted by a jury of mail *552 fraud and racketeering in San Diego Superior Court. The three men previously appealed their convictions and sentences, and this Court issued an opinion affirming their convictions in part, reversing in part and remanding for resentencing. United States v. Frega, 179 F.3d 793 (9th Cir.1999). They now appeal their sentences again, claiming that the district court committed a variety of errors at their resentencing. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

1. United States v. Malkus

Malkus contends that the district court erred when it declined to address his “motion for reconsideration of his earlier motion to vacate” at the resentencing hearing, arguing that his mail fraud conviction was the result of flawed jury instructions. This very issue was raised by Malkus and decided by this Court in the earlier consolidated appeal.

The law of the case doctrine generally precludes a district court from reconsidering an issue that has already been decided by the same court, or a higher court in the identical case. United States v. Hughes Aircraft Co. 243 F.3d 1181 (9th…