436
Stevens, J., dissenting
where petitioner had received from trial court an improperly grounded 14-day extension of the time to file his appeal); see also 4A Wright & Miller, Federal Practice and Procedure § 1168, at 501 (describing Thompson and Harris Truck Lines as "based on a theory similar to estoppel"). As the Court observes, however, this exception "is not pertinent here." See ante, at 428.
Carlisle's counsel was not misled by any trial court statement or action; rather, he neglected to follow plain instructions. Rule 29(c) clearly instructs that a motion for a judgment of acquittal be filed "within 7 days after the jury is discharged or within such further time as the court may fix during the 7-day period." Just as clearly, Rule 45(b) excludes motions for enlargement once seven days have run. I agree that a rule like 29(c) is framed to resist ad hoc relaxation. A time line must be drawn at some point, and it is not unreasonable to draw the line as the rulemakers did, rather than extend it out to the day set for sentencing.
It bears emphasis, finally, that the Government recognizes legal avenues still open to Carlisle to challenge the sufficiency of the evidence to warrant his conviction: on appeal (subject to "plain error" standard); and through a postconviction motion, under 28 U. S. C. § 2255, asserting ineffective assistance of counsel. Brief for United States 38-39. In the rare situations Justice Stevens envisions—delay of a meritorious motion due to an Act of God, see post, at 454, or cases comparable to those in which we would read and grant an out-of-time rehearing petition, see post, at 450-451— these modes of relief should provide an adequate corrective.
Justice Stevens, with whom Justice Kennedy joins, dissenting.
As long as a federal court retains jurisdiction over a criminal case, it has the authority to ensure that no conviction is entered unless the prosecutor has proved the defendant's guilt. The exercise of the court's inherent power to set
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