Cite as: 517 U. S. 416 (1996)
Opinion of the Court
See, e. g., Bank of Nova Scotia v. United States, 487 U. S. 250, 254-255. Whether the District Court's action is described as the granting of an untimely motion, or the sua sponte entry of a judgment of acquittal, it contradicted Rule 29(c)'s plain language and effectively annulled the 7-day filing limit. The cautionary principle that the Court will not lightly assume that the Rules mean to depart from established principles does not apply in this case, because prior to the enactment of Rule 29, there was no long, unquestioned power of federal district courts to acquit for insufficient evidence sua sponte, after return of a guilty verdict. Pp. 425-428. (c) The Court also rejects petitioner's remaining arguments: (1) that the District Court had power to order acquittal in this case under the All Writs Act, 28 U. S. C. § 1651, through the writ of coram nobis; (2) that the failure to allow the District Court to order acquittal would violate the Fifth Amendment's Due Process Clause; and (3) that prohibiting a district court from granting an acquittal motion filed only one day late will lead to needless appeals and habeas corpus proceedings. Pp. 428-430. (d) The Court rebuts arguments put forward by the dissent, including the proposition that permissive rules do not withdraw pre-existing inherent powers, and the dissent's reliance on this Court's precedents to support the existence of the "inherent power" petitioner invokes. Pp. 430-433. 48 F. 3d 190, affirmed.
Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Souter, J., filed a concurring opinion, post, p. 434. Ginsburg, J., filed a concurring opinion, in which Souter and Breyer, JJ., joined, post, p. 434. Stevens, J., filed a dissenting opinion, in which Kennedy, J., joined, post, p. 436.
James A. Christopherson argued the cause and filed briefs for petitioner. With him on the briefs was Joel R. Myler.
Paul A. Engelmayer argued the cause for the United States. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, and David S. Kris.
Justice Scalia delivered the opinion of the Court. This case presents the question whether a district court has authority to grant a postverdict motion for judgment of
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