United States v. Theodore Manos, No. 19-1111 (8th Cir. 2019)

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Court Description: Per Curiam - Before Gruender, Wollman and Kobes, Circuit Judges] Criminal case - Criminal law. Because defendant was not yet on supervised release at the time he requested a transfer of jurisdiction and a modification of the terms of supervision, the district court did not abuse its discretion by denying the motion.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1111 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Theodore Manos lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: November 21, 2019 Filed: November 26, 2019 [Unpublished] ____________ Before GRUENDER, WOLLMAN, and KOBES, Circuit Judges. ____________ PER CURIAM. 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 court1 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). ______________________________ 1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska. -2-

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