Shipsey

MEMORANDUM *

George Michael Shipsey appeals the district court’s denial of his motion for resentencing pursuant to United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), after this court affirmed his conviction on 16 counts of fraud and theft from an employee pension fund. See United States v. Shipsey, 363 F.3d 962 (9th Cir.), cert. denied, 543 U.S. 1004 , 125 S.Ct. 634 , 160 L.Ed.2d 465 (2004). We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . We affirm the district court’s denial of Shipsey’s motion for resentencing. We also deny Shipsey’s motion to recall the mandate in his prior appeal, No. 02-10651.

The district court correctly concluded that, because the mandate had issued in Shipsey’s prior appeal, the appeal was final. 2 No sentencing issues had been *965 raised in that appeal and Shipsey’s conviction had been affirmed; the district court accordingly lacked authority to modify the sentence. See United States v. Penna, 319 F.3d 509, 511 (9th Cir.2003) (“A court generally may not correct or modify a prison sentence once it has been imposed.”); United States v. Ruiz-Alvarez, 211 F.3d 1181, 1184 (9th Cir.2000) (“A…