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UNITED STATES v. HOLT

No. 82-1462.

704 F.2d 1140 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. David T. HOLT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 27, 1983.

Attorney(s) appearing for the Case

James Kyle Gee, Henrikson & Gee, Oakland, Cal., for defendant-appellant.

Joseph M. Burton, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before GOODWIN, KENNEDY and ALARCON, Circuit Judges.

PER CURIAM:

The appellant, David T. Holt, contends that the district court was required to hold a hearing on his Rule 35 motion for modification of sentence. Fed.R.Crim.P. 35. The district court's decision not to hold a hearing in a Rule 35 proceeding will be reversed only when the district court has abused its discretion, United States v. Krueger, 454 F.2d 1154 (9th Cir.1972). Holt has demonstrated no such abuse. The motion...

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