Echavarria-Olarte

MEMORANDUM **

Alvaro Julio Echavarria-Olarte appeals pro se the district court’s order dismissing his request to remit the $100,000 fine imposed as part of his sentence following conviction for conspiracy to import cocaine, 21 U.S.C. § 963 , conspiracy to possess cocaine, 21 U.S.C. § 846 , and six counts of racketeering, 18 U.S.C. § 1952 . Echavarria-Olarte contends that his criminal fine is invalid because his criminal indictment did not adequately indicate what federal law he violated.

We lack jurisdiction to review the district court’s denial of Echavarria-Olarte’s motions for declaratory judgment and reconsideration because Echavarria-Olarte did not file timely a tolling motion and did not file a notice of appeal from either decision within 60 days. See Atchison, Topeka, & Sante Fe Ry. Co. v. California, 102 F.3d 425 , 427 (9th Cir.1996); United States v. Vaccaro, 51 F.3d 189, 191 (9th Cir.1995).

We have jurisdiction to review the district court’s denial of Echavarria-Olarte’s motion to recharacterize his pleading because he filed a notice of appeal within 60 days. See Vaccaro, 51 F.3d at 191 . We construe Echavarria-Olarte’s motion to re-characterize as a request to amend…