United States of America, Plaintiff-appellee, v. William L. Smasal, Defendant-appellant.united States of America, Plaintiff-appellee, v. Joseph Stanley Lucas, Defendant-appellant, 70 F.3d 121 (9th Cir. 1995)

MEMORANDUM^** 

William L. Smasal and Joseph Stanley Lucas appeal their sentences imposed following our remand for resentencing in United States v. Lucas, Nos. 93-30237, 93-30239 (unpublished disposition) (9th Cir. July 14, 1994) (Lucas I) . They contend that the district court erred in conducting only a limited review of their sentences on remand. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

We expressly limited the scope of our remand in Lucas I to resentencing without a two-level upward adjustment for use of a firearm in connection with a drug offense: " [W]e affirm in part and remand with instructions to the district court to vacate appellants' sentences and resentence them without the two-level enhancement under U.S.S.G. Sec. 2D1.1(b) (1). We affirm appellants' sentences in all other respects." See Lucas I, Nos. 93-30237, 93-30239, unpublished disposition at 8. Accordingly, the district court properly concluded that it was without authority to consider any other sentencing issues on remand.¹  See United States v. Pimentel, 34 F.3d 799, 800 (9th Cir. 1994).

AFFIRMED.