United States v. Hogenkamp, No. 20-1376 (7th Cir. 2020)
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Hogenkamp pleaded guilty to a federal crime and was sentenced to 10 years’ imprisonment plus 25 years’ supervised release. Fourteen months before the anticipated end of his custodial time (April 2021), he asked the district court to modify the terms of his supervised release. The judge denied his motion as premature, suggesting that Hogenkamp wait until after his release to seek a change in those terms.
The Seventh Circuit remanded. A prisoner is entitled to know, before he leaves prison, what terms and conditions govern his supervised release. Those terms govern where a person may live, with whom he may associate, and what jobs he may hold from the day he walks out of prison. Federal judges may alter the terms and conditions of supervised release at any time, 18 U.S.C. 3583(e)(2). A district judge has the discretion to determine the apt time for decision—provided that a motion made a reasonable time in advance of release is resolved before supervised release begins--and to decide whether an evidentiary hearing is necessary. Hogenkam’s date is approaching; further delay in making a decision is appropriate only if the court has reason to think that better information will be available in the next few months.
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