United States v. Jose Abel Serrano

51 F.3d 284 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jose Abel SERRANO, Defendant-Appellant. No. 93-30169. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1995. * Decided March 10, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Jose Abel Serrano appeals pro se the district court's order requiring Serrano to apply $25.00 per month from his prison job earnings toward the amount of restitution imposed as a condition of his supervised release. We have jurisdiction under 28 U.S.C. Sec. 1291 , 1 and we vacate and remand. 3 The district court must provide a hearing and the assistance of counsel before modifying the terms or conditions of supervised release, unless the modification favors the person subject to supervised release. Fed.R.Crim.P. 32.1(b); United States v. Navarro-Espinosa, 30 F.3d 1169, 1171 (9th Cir.1994). 4 The original conditions of Serrano's supervised release…