United States First Circuit

When a defendant moves to modify a sentence during the pendency of an appeal of that sentence, the district court should follow the procedure in Federal Rule of Appellate Procedure 12.1, which provides for the use of an indicative ruling by the district court in such circumstance. Here the District Court lacked jurisdiction to issue that order while this appeal was pending.

Appellate Information

• Decided 06/15/2015
• Published 06/15/2015

Judges

Court

• United States First Circuit

Counsel