U.S. v. Hogenkamp

Dist. Ct. erred in denying defendant’s motion to modify terms of his supervised release that was made 14 months prior to anticipated end of his incarceration, to extent Dist. Ct. held belief that such motion could only be heard after his release from prison. Prisoner is entitled to know final terms and conditions of his or her supervised release prior to his or her release from prison. Moreover, while Dist. Ct. has discretion to determine apt time to consider any modification motion, remand was required for Dist. Ct. to exercise such discretion to make decision on modification motion in advance of defendant’s scheduled release.