Carlisle v. United States, 517 U.S. 416, 34 (1996)

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Cite as: 517 U. S. 416 (1996)

Stevens, J., dissenting

(c) of the Federal Rules of Criminal Procedure "expressly allow a federal judge to acquit a criminal defendant after the jury 'returns a verdict of guilty.' " Ibid.; see also United States v. Weinstein, 452 F. 2d, at 713, 714 (explaining that Sisson determined that the District Court in that case acted within its jurisdiction in entering the postverdict judgment of acquittal).

Although the merits of the judgment of acquittal were not before the Court in Sisson, the trial court's jurisdiction to enter the judgment plainly was. Just as a trial court's post-judgment acquittal could not have mooted a pending appeal, neither could a jurisdictionally barred action have prevented an appeal from being taken. Nevertheless, the Sisson Court did not identify any jurisdictional bar to the judge's entry of a postverdict acquittal motion, even though no Rule 29 motion had been filed. I am therefore mystified as to why the Court now concludes that the Rule can only be read to deprive the district court of jurisdiction to acquit postverdict in the absence of a defendant's motion.

Our prior construction of procedural rules that employ permissive language similar to that used in Rule 29 reinforces the implicit conclusion that we reached in Sisson. As we recently explained, our prior cases reveal that although Congress may limit the exercise of the inherent power of lower federal courts, " 'we do not lightly assume that Congress has intended' " to do so. Chambers v. NASCO, Inc., 501 U. S. 32, 47 (1991) (quoting Weinberger v. Romero-Barcelo, 456 U. S. 305, 313 (1982)). That interpretive principle suggests that something far more than an ambiguous silence is required to withdraw a district court's inherent power.

Link v. Wabash R. Co., 370 U. S. 626 (1962), sets forth the proper analysis. In Link, we rejected the argument that the authority granted to a defendant by Rule 41 of the Rules of Civil Procedure to move for an involuntary dismissal of a complaint, by negative implication, precluded such a dis-

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