United States v. Dieter, 429 U.S. 6 (1976)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE TENTH CIRCUIT

Syllabus

The 30-day limitation period prescribed by the Criminal Appeals Act and Fed.Rule App.Proc. 4(b) for a Government appeal from an order dismissing an indictment ran from the date of the District Court’s denial of the Government’s motion to set aside the dismissal of the indictment against respondent, rather than from the date of the dismissal order, and hence the Government’s appeal was timely where its notice of appeal was filed within 30 days after such denial. A timely petition for rehearing renders the original judgment nonfinal for appeal purposes for as long as the petition is pending, United States v. Healy, 376 U.S. 75, 78-79, and, while not captioned a "petition for rehearing," the Government’s motion was precisely that in purpose and effect.

Certiorari granted; vacated and remanded.