United States v. Bruce Taeru Kadota

LAY, Chief Judge.

Bruce Kadota appeals the district court’s 1 denial of his motion for reduction of sentence under Fed.R.Crim.P. 35(b). Kadota contends the district court based its denial of the motion on Kadota’s failure to personally present at trial or sentencing his self-incriminating version of the crime. In doing so, Kadota claims the district court violated his fifth amendment right not to testify against himself. We find no abuse of discretion by the district court in denying Kadota’s rule 35 motion, and therefore affirm the judgment below.

In a trial to the court on stipulated facts,…