Unpublished Disposition, 855 F.2d 863 (9th Cir. 1988)

MEMORANDUM^** 

A district court's decision not to hold a hearing in a Fed. R. Crim. P. 35(b) proceeding will be reversed only when the district court has abused its discretion. United States v. Ruffen, 780 F.2d 1493, 1495 (9th Cir.), cert. denied, 107 S. Ct. 462 (1986). King has demonstrated no such abuse. The mitigating factors that King raised in seeking a reduction of his sentence had already been considered by the court at the time of his sentencing. Moreover, we find meritless King's assertion that the district court, in denying his Rule 35(b) motion, relied upon factual inaccuracies contained in his presentence report. Not only had the court already considered King's allegations in this regard at the time of sentencing, but also the court stated at his sentencing hearing that it would not rely on that information. Therefore, we hold that the district court did not abuse its discretion in not holding a hearing on King's Rule 35(b) motion.

Further, for the same reasons, reaching the merits of King's motion for reduction of sentence, denial of that motion was not an abuse of discretion.

AFFIRMED.