UNITED STATES v. MANOS (2019)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff - Appellee v. Theodore MANOS Defendant - Appellant

No. 19-1111

Decided: November 26, 2019

Before GRUENDER, WOLLMAN, and KOBES, Circuit Judges.

Michael P. Norris, Assistant U.S. Attorney, U.S. Attorney's Office, District of Nebraska, Omaha, NE, for Plaintiff - Appellee John William Gallup, Sr., Omaha, NE, for Defendant - Appellant Theodore Manos, Pro Se

[Unpublished]

Shortly before Theodore Manos began serving a life term of supervised release in the District of Nebraska, he filed a motion to transfer jurisdiction over his supervision to the District of Minnesota and to modify some conditions of his release. The district court ¹ denied Manos’s motion, initially and upon reconsideration, and he appeals.

Because Manos was not yet on supervised release when he requested a transfer of jurisdiction and a modification of terms, we conclude that the district court did not abuse its discretion in denying his motion. See 18 U.S.C. § 3605 (sentencing court may transfer jurisdiction over person on supervised release to another district court with concurrence of that court); see also United States v. Henkel, 358 F.3d 1013, 1015 (8th Cir. 2004) (noting that prisoner may apply to district court for appropriate modification under 18 U.S.C. § 3583(e)(2) upon release).

FOOTNOTES

1. The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.

PER CURIAM.

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