Indicative Ruling on a Motion for Relief That Is Barred by a Pending Appeal
Holding or rule used
When a pending appeal bars the district court from granting a timely motion, the court may defer, deny, or state that it would grant or that the motion raises a substantial issue, with prompt circuit notice required for an indicative ruling.
Material limitation
Use only for the bounded proposition stated here. The exact Rule 35 or 36 posture, circuit law, record, agreement, modification vehicle, appealed order, preservation, and requested relief remain separate where identified.
Official source and pinpoints
Fed. R. Crim. P. 37, Rule 37(a)–(b): https://www.uscourts.gov/sites/default/files/document/federal-rules-of-criminal-procedure.pdf