Legal Opinion
United States v. Ortiz
Court of Appeals for the First Circuit
Decided January 27, 2014No. 12-2190PublishedCited by 45 opinions
1Opinion of the Court
SELYA, Circuit Judge.
Federal Rule of Criminal Procedure 35(a) permits the filing of a post-judgment motion to correct a sentence within 14 days of its imposition. But what happens when a defendant’s timely notice of appeal follows such a motion but predates any action on the motion by the district court? It is an open question in this circuit whether that notice of appeal, unamended, suffices to allow appellate review of an ensuing denial of the Rule 35(a) motion. We hold that the original notice of appeal, unamended, does not create appellate jurisdiction to review the district court’s…
2Cases cited25 opinions
- Smith v. BarrySupreme Court of the United States · 1992
- Henderson v. United StatesSupreme Court of the United States · 2013
- United States v. DuarteCourt of Appeals for the First Circuit · 2001
- United States v. DieterSupreme Court of the United States · 1976
- United States v. MoranCourt of Appeals for the First Circuit · 2004
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3Cited by45 opinions
- Sindi v. El-MoslimanyCourt of Appeals for the First Circuit · 2018
- United States v. TaylorCourt of Appeals for the First Circuit · 2017
- United States v. Reyes-SantiagoCourt of Appeals for the First Circuit · 2015
- United States v. Millan-IsaacCourt of Appeals for the First Circuit · 2014
- United States v. HudsonCourt of Appeals for the First Circuit · 2016
40 more not listed; retrieve them via the Exa API.