Oak

MEMORANDUM **

Lance Darryl Oak was convicted of bank fraud in violation of 28 U.S.C. § 1334 ; making false entries in violation of 18 U.S.C. § 1005 ; conspiracy to commit money laundering in violation of 18 U.S.C. § 1956 (h); and filing a false tax return in violation of 26 U.S.C. § 7206 (1). He appealed his sentence. We affirmed, but remanded to the district court to recalculate the restitution order to take into account any amount the victim, the Bank of San Pedro, had recovered as of the date of re-sentencing. United States v. Oak, 2001 WL 638412 , 9 Fed.Appx. 791 (9th Cir. 2001).

*853 On remand, the district court recalculated the amount of restitution, reducing it from $490,226.67 to $223,381.53. The court declined, however, Oak’s request that it recalculate the actual and intended loss figure of $2.3 million used at trial and on Oak’s first appeal. The district court concluded that the remand was limited to recalculation of the amount of restitution, and that it therefore had no jurisdiction to change the $2.3 million figure. Oak appeals.

We agree that the district court was without jurisdiction to recalculate the actual and intended loss figure of $2.3 million. When a…