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U.S. v. ORTIZ

No. 12-2190.

741 F.3d 288 (2014)

UNITED STATES of America, Appellee, v. Christian ORTIZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

January 27, 2014.

Attorney(s) appearing for the Case

Hector L. Ramos-Vega , Assistant Federal Public Defender, Supervisor, Appeals Division, with whom Hector E. Guzman, Jr. , Federal Public Defender, and Patricia A. Garrity , Assistant Federal Public Defender, were on brief, for appellant.

John A. Mathews II , Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez , United States Attorney, and Nelson Pérez-Sosa , Assistant United States Attorney, Chief, Appellate Division, were on brief, for appellee.

Before SELYA, STAHL and LIPEZ, Circuit Judges.

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...

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