US SUPREME COURT DECISIONS

Under the Federal Rules of Criminal Procedure, the filing of notice of appeal in a criminal case after expiration of the time prescribed in Rule 37(a)(2) does not confer jurisdiction upon the Court of Appeals, even though the District Court, proceeding under Rule 45(b), has found that the late filing of the notice of appeal was the result of "excusable neglect." Pp. 361 U. S. 220-230.

(a) To recognize a late notice of appeal is actually to "enlarge" the period for taking an appeal, which is explicitly forbidden by Rule 45(b). Pp. 361 U. S. 224-229.

(b) The policy question whether greater flexibility should be allowed with respect to the time for taking an appeal must be resolved through the rulemaking process, not by judicial decision, and it cannot be resolved by the Court of Appeals. Pp. 361 U. S. 229-230.

104 U.S.App.D.C. 200, 260 F.2d 718, reversed.