John Shewchun v. United States, 797 F.2d 941 (11th Cir. 1986). · Go Syfert
John Shewchun v. United States, 797 F.2d 941 (11th Cir. 1986). Cases Citing This Book View Copy Cite
56 citation events (46 in the last 25 years) across 13 distinct courts.
Strongest positive: Robert James Crenshaw v. Darrly Ellis, et al. (almd, 2026-03-24)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Robert James Crenshaw v. Darrly Ellis, et al.
M.D. Ala. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is the general rule of this circuit that the filing of a timely and sufficient notice of appeal acts to divest the trial court of jurisdiction over the matters at issue in the appeal, except to the extent that the trial court must act in aid of the appeal.
discussed Cited as authority (verbatim quote) William Ramirez v. Florida Department of Corrections
11th Cir. · 2017 · quote attribution · 1 verbatim quote · confidence high
the filing of a timely and sufficient notice of appeal acts to divest the trial court of jurisdiction over the matters at issue in the appeal....
discussed Cited as authority (rule) United States v. David J. Lonich (2×) also: Cited "see"
11th Cir. · 2026 · confidence medium
When an appeal is filed, “the district court is di- vested of jurisdiction to take any action with regard to the matter except in aid of the appeal.” Shewchun v. United States, 797 F.2d 941, 942 (11th Cir. 1986).
discussed Cited as authority (rule) United States v. Pierre C. Marc
11th Cir. · 2025 · confidence medium
USCA11 Case: 24-12378 Document: 64-1 Date Filed: 11/21/2025 Page: 6 of 14 6 Opinion of the Court 24-12378 While a notice of appeal from an appealable order “divest[s] the trial court of jurisdiction over the matters at issue in the ap- peal,” Shewchun v. United States, 797 F.2d 941, 942 (11th Cir. 1986), a “notice of appeal from a non-appealable order does not divest the district court of jurisdiction.” United States v. Khoury, 901 F.2d 948 , 969 n.20 (11th Cir. 1990) (emphasis added) (citing United States v. Hitchmon, 602 F.2d 689, 694 (5th Cir. 1979) (en banc), superseded by statute …
discussed Cited as authority (rule) United States v. Gabriel Hakeem Lee
11th Cir. · 2025 · confidence medium
A “notice of appeal acts to divest the trial court of jurisdic- tion over the matters at issue in the appeal, except to the extent that the trial court must act in aid of the appeal.” Shewchun v. United States, 797 F.2d 941, 942 (11th Cir. 1986); see also United States v. To- var-Rico, 61 F.3d 1529 , 1532 (11th Cir. 1995) (“A federal district court and a federal court of appeals should not attempt to assert jurisdic- tion over a case simultaneously.
discussed Cited as authority (rule) Somerville v. Department of Health and Human Services
M.D. Fla. · 2025 · confidence medium
Fla. Nov. 8, 2022) (denying motion to compel where district court “‘is divested of jurisdiction to take any action with regard to the matter except in the aid of the appeal,’ . . . and does not regain jurisdiction until a mandate has issued on appeal.”) (citing Shewchun v. United States, 797 F. 2d 941, 941 (11th Cir. 1986) and Zaklama v. Mount Sinai Med.
discussed Cited as authority (rule) Dimanche v. Jackson
M.D. Fla. · 2024 · confidence medium
Fla. Nov. 8, 2022) (denying motion to compel where district court “‘is divested of jurisdiction to take any action with regard to the matter except in the aid of the appeal,’ ... and does not regain jurisdiction until a mandate has issued on appeal.”) (citing Shewchun v. United States, 797 F. 2d 941, 941 (11th Cir. 1986) and Zaklama v. Mount Sinai Med.
discussed Cited as authority (rule) United States v. Troy Markeith Griffin
11th Cir. · 2024 · confidence medium
In addition, when an appeal is filed, the district court is di- vested of jurisdiction “over the matters at issue in the appeal, ex- cept to the extent that the trial court must act in aid of the appeal.” Shewchun v. United States, 797 F.2d 941, 942 (11th Cir. 1986).
discussed Cited as authority (rule) Debose v. United States
M.D. Fla. · 2022 · confidence medium
The district court “is divested of jurisdiction to take any action with regard to the matter except in the aid of the appeal.” Shewchun v. United States, 797 F. 2d 941, 941 (11th Cir. 1986) (quotation omitted.
discussed Cited as authority (rule) Debose v. United States
M.D. Fla. · 2022 · confidence medium
The district court “is divested of jurisdiction to take any action with regard to the matter except in the aid of the appeal,” Shewchun v. United States, 797 F. 2d 941, 941 (11th Cir. 1986) (quotation omitted), and does not regain jurisdiction until a mandate has issued on appeal.
discussed Cited as authority (rule) United States v. Frantisek Pribyl (2×) also: Cited "see"
11th Cir. · 2022 · confidence medium
While an appeal is pending, “the trial court is without au- thority to modify a sentence meted out after final judgment.” Shewchun v. United States, 797 F.2d 941, 942 (11th Cir. 1986).
discussed Cited as authority (rule) State of Florida v. Department of Health and Human Services
11th Cir. · 2021 · confidence medium
Relying on Jacobson v. Massachusetts, 1 See United States v. Diveroli, 729 F.3d 1339, 1341 (11th Cir. 2013) (“When an appeal is filed, ‘the district court is divested of jurisdiction to take any action with regard to the matter except in aid of the appeal.’” (quoting Shewchun v. United States, 797 F.2d 941, 942 (11th Cir. 1986))).
discussed Cited as authority (rule) State of Florida v. Department of Health and Human Services
11th Cir. · 2021 · confidence medium
Relying on Jacobson v. Massachusetts, 1 See United States v. Diveroli, 729 F.3d 1339, 1341 (11th Cir. 2013) (“When an appeal is filed, ‘the district court is divested of jurisdiction to take any action with regard to the matter except in aid of the appeal.’” (quoting Shewchun v. United States, 797 F.2d 941, 942 (11th Cir. 1986))).
discussed Cited as authority (rule) United States v. Daniel A. Rodriguez (2×) also: Cited "see"
11th Cir. · 2021 · confidence medium
Generally, when an appeal is filed, the district court is divested of jurisdiction “over the matters at issue in the appeal, except to the extent that the trial court must act in aid of the appeal.” Shewchun v. United States, 797 F.2d 941, 942 (11th Cir. 1986).
discussed Cited as authority (rule) Baker v. Wal-Mart Stores East, LP
S.D. Ga. · 2021 · confidence medium
No. 27. “[U]pon filing an appeal ‘[t]he district court is divested of jurisdiction to take any action with regard to the matter except in aid of the appeal.’” Shewchun v. United States, 797 F.2d 941, 942 (11th Cir. 1986) (quoting United States v. Hitchmon, 602 F.2d 689, 692 (5th Cir. 1979)).
discussed Cited as authority (rule) Akebia Therapeutics, Inc. v. Azar
D. Mass. · 2020 · confidence medium
“Allowing more than one court to take charge of a case at any given moment often disserves the interests of comity and judicial economy.” Id. (citing Shewchun v. United States, 797 F.2d 941, 943 (11th Cir. 1986)).
discussed Cited as authority (rule) United States v. Rodney Blythe (2×)
11th Cir. · 2020 · confidence medium
First, the district court lacked the authority to grant a motion to modify Blythe’s sentence because his direct appeal from the same judgment was pending in this Court—“it is settled that during the pendency of an appeal the trial court is without authority to modify a sentence meted out after final judgment.” Shewchun v. United States, 797 F.2d 941, 942 (11th Cir. 1986).1 Second, Blythe could have raised his Ex Post Facto argument in his direct appeal, but he failed to do so.
discussed Cited as authority (rule) USA . Robert Hall
11th Cir. · 2015 · confidence medium
The rule against dual jurisdiction serves two important interests: (1) judicial economy and (2) fairness to parties who might otherwise be forced to fight a “two front war.” Shewchun v. United States, 797 F.2d 941, 943 (11th Cir. 1986).
discussed Cited as authority (rule) United States v. Hall
11th Cir. · 2015 · confidence medium
The rule against dual jurisdiction serves two important interests: (1) judicial economy and (2) fairness to parties who might otherwise be forced to fight a "two front war.” Shewchun v. United States, 797 F.2d 941, 943 (11th Cir. 1986).
discussed Cited as authority (rule) United States v. Brian Aldrich Dupree
11th Cir. · 2014 · confidence medium
Although the district court lacked jurisdiction to amend the adjusted order after it had been appealed by Dupree, see Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986), the district court had jurisdiction to enter the adjusted order, 18 U.S.C. § 3664 (k).
cited Cited as authority (rule) United States v. Rufus C. Rochell
11th Cir. · 2013 · confidence medium
Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Efraim Diveroli
11th Cir. · 2013 · confidence medium
When an appeal is filed, “the district court is divested of jurisdiction to take any action with regard to the matter except in aid of the appeal.” Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Willie Bud Reed, Jr.
11th Cir. · 2013 · confidence medium
Thus, when an appeal is filed, the district court “is divested of jurisdiction to take any action with regard to the matter except in the aid of the appeal,” Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986) (quotation omitted), and does not regain jurisdiction until a mandate has issued on appeal, Zaklama v. Mount Sinai Med.
discussed Cited as authority (rule) United States v. Bernard Roemmele
11th Cir. · 2013 · confidence medium
When an appeal is filed, “the district court is divested of jurisdiction to take any action with regard to the matter except in the aid of the appeal.” Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986).
cited Cited as authority (rule) United States v. Eric Michael Brown
11th Cir. · 2011 · confidence medium
Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986).
discussed Cited as authority (rule) Lawson v. Life of South Insurance
M.D. Ga. · 2010 · confidence medium
Not only does the removal of the district court’s jurisdiction during the pendency of an appeal serve “judicial economy ... [by] sparing] the trial court from passing on questions that may well be rendered moot by the decision of the Court of Appeals,” but it also serves the interest of “fairness *1382 to parties who might otherwise be forced ... to fight a ‘two front war’ for no good reason.” Shewchun v. United States of America, 797 F.2d 941, 943 (11th Cir.1986) (per curiam) (emphasis added).
discussed Cited as authority (rule) Denny Hughes v. Jamestown Square LLC
11th Cir. · 2009 · confidence medium
This prohibition is meant to “promote judicial economy and avoid the confusion and inefficiency that might flow from putting the same issue before two courts at the same time.” Cf. 20-303 Moore’s Federal Practice: Civil § 303.32[1] (3d ed.2009); Shewchun v. United States, 797 F.2d 941, 943 (11th Cir.1986) (noting that the prohibition against a district court exercising jurisdiction over a case properly before the court of appeals prevents parties from “fight[ing] a ‘two front war’ for no good reason”).
cited Cited as authority (rule) United States v. Norris Wilson
11th Cir. · 2009 · confidence medium
Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Jonathan Lee Vernier
11th Cir. · 2005 · confidence medium
The filing of a notice of appeal will generally divest the district court of jurisdiction over the matters at issue in the appeal, except to the extent that the court must act “in aid of the appeal.” Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986).
cited Cited as authority (rule) Schaefer v. Kumar
Ind. Ct. App. · 2004 · confidence medium
Shewchun v. United States, 797 F.2d 941, 943 (11th Cir.1986).
discussed Cited as authority (rule) Henkel v. Lickman (In Re Lickman)
Bankr. M.D. Fla. · 2002 · confidence medium
Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986)[“the filing of a timely and sufficient notice of appeal acts to divest the trial court of jurisdiction over the matters at issue in the appeal”]; In re Bradshaw, 284 B.R. 520, 523 (Bankr.D.Mass.2002) [“taking of an appeal transfers jurisdiction from the Bankruptcy Court to the Appellate Court with regard to matters involved in the appeal and divest the Bankruptcy Court with jurisdiction” over those matters], In the meantime, “[u]ntil the [bankruptcy court’s] decision [to issue the preliminary injunction] is reversed for e…
discussed Cited as authority (rule) United States v. Tovar-Rico
11th Cir. · 1995 · confidence medium
See also United States v. Vicaria, 963 F.2d 1412, 1415 (11th Cir.), cert. denied, - U.S. -, 113 S.Ct. 596 , 121 L.Ed.2d 534 (1992); United States v. Mavrokordatos, 933 F.2d 843, 846 (10th Cir.1991); United States v. Prows, 888 F.2d 100, 101 (11th Cir.1989); Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986); United States v. Rogers, 788 F.2d 1472, 1475 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Clara Inez Tovar-Rico, United States of America v. Clara Inez Tovar-Rico, Luis Alberto Figueroa-Marmolejo, Isabel Romeo, United States of America v. Isabel Romeo
11th Cir. · 1995 · confidence medium
See also United States v. Vicaria, 963 F.2d 1412, 1415 (11th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 596 , 121 L.Ed.2d 534 (1992); United States v. Mavrokordatos, 933 F.2d 843, 846 (10th Cir.1991); United States v. Prows, 888 F.2d 100, 101 (11th Cir.1989); Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986); United States v. Rogers, 788 F.2d 1472, 1475 (11th Cir.1986).
discussed Cited as authority (rule) United States v. George M. Khoury
11th Cir. · 1990 · confidence medium
Amending the record of viva voce proceedings in the district court would undermine the legitimacy of appellate review, especially in regard to sentencing where the oral sentence, rather than the written order, is controlling. 4 See Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986) (per curiam) (during pendency of appeal, district court is “without authority to modify a sentence meted out”); United States v. Hitchmon, 602 F.2d 689, 692 (5th Cir.1979) (en banc) (district court “divested of jurisdiction to take any action with regard to the matter [involved in the appeal] except …
discussed Cited as authority (rule) United States v. Darrell Prows
11th Cir. · 1989 · confidence medium
Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986); see Annotation, Reduction of Sentences Imposed by Federal District Court Under Rule 35 of Federal Rules of Criminal Procedure, 32 A.L.R.Fed. 914, 932-33 (1977).
discussed Cited as authority (rule) United States v. Dwight H. Ledbetter
8th Cir. · 1989 · confidence medium
Second, it promotes fairness to the parties who might otherwise have to fight a confusing “two front war” for no good reason, Shewchun v. United States, 797 F.2d 941, 943 (11th Cir.1986), avoiding possible duplication and confusion by allocating control between forums.
discussed Cited "see" United States v. Luis Batista
11th Cir. · 2025 · signal: see · confidence high
See Shewchun v. United States, 797 F.2d 941, 942 (11th Cir. 1986) (holding that the trial court was divested of authority to modify the defendant’s sentence after he had filed a notice of appeal).
cited Cited "see" United States v. Brooks
1st Cir. · 1998 · signal: see · confidence high
See Skewchun v. United States, 797 F.2d 941, 943 (11th Cir.1986).
cited Cited "see" United States v. Brooks
1st Cir. · 1998 · signal: see · confidence high
See Shewchun v. United States, 797 F.2d 941, 943 (11th Cir. 1986).
cited Cited "see" United States v. Florencio Ortega-Lopez
9th Cir. · 1993 · signal: see · confidence high
See United States v. Prows, 888 F.2d 100, 101 (11th Cir.1989) (citing Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986)).
discussed Cited "see, e.g." United States v. Samir D. Herrera
11th Cir. · 2013 · signal: see also · confidence medium
See United States v. Prows, 888 F.2d 100, 101 (11th Cir.1989); see also Shewchun v. United States, 797 F.2d 941, 942 (11th Cir.1986) (explaining that, because the filing of a timely notice of appeal divests the trial court of jurisdiction over the matters at issue in the appeal, the trial court is without authority to modify a sentence after final judgment during the pendency of an appeal).
Retrieving the full opinion text from the archive…
John SHEWCHUN, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
85-3826.
Court of Appeals for the Eleventh Circuit.
Aug 26, 1986.
797 F.2d 941
1986 U.S. App. LEXIS 28981
Susan M. Novotny, Asst. U.S. Atty., W. Thomas Dillard, U.S. Atty., Pensacola, Fla., for respondent-appellee.
Godbold, Vance, Johnson.
Cited by 41 opinions  |  Published
PER CURIAM:

Appellant John Shewchun is a former professor of engineering at Florida State/Florida A & M Universities. In October 1984, he was convicted by a federal jury of mail and wire fraud. 18 U.S.C.A. §§ 1341, 1843 (West 1986). He filed a notice of appeal from that conviction in December 1984; a panel of this Court af[*942] firmed that conviction on all counts in an unpublished opinion issued in November 1985. 778 F.2d 791.

During the pendency of the appeal on the merits, appellant filed with the trial court an emergency petition seeking to correct an invalid sentence, under Fed.R.Crim.P. 35(a), and to correct the record at sentencing, under Fed.R.Crim.P. 32. [1] The trial court ruled that, by filing an appeal on the merits, Shewchun divested the trial court of jurisdiction to consider his claims. Though Shewchun, appearing pro se, attempts to reargue the merits of his appeal, the only issue we today consider is the jurisdictional question: whether a pending appeal removes from the trial court the jurisdiction to decide motions under these two rules of criminal procedure.

1. Rule 35(a):

It is the general rule of this Circuit that the filing of a timely and sufficient notice of appeal acts to divest the trial court of jurisdiction over the matters at issue in the appeal, except to the extent that the trial court must act in aid of the appeal. United States v. Hitchmon, 602 F.2d 689, 692 (5th Cir.1979) (en banc). More specifically, it is settled that during the pendency of an appeal the trial court is without authority to modify a sentence meted out after final judgment. Berman v. United States, 302 U.S. 211, 214, 58 S.Ct. 164, 166, 82 L.Ed. 204 (1932); United States v. Russell, 776 F.2d 955, 956 (11th Cir.1985) (per curiam); United States v. Garrett, 583 F.2d 1381, 1391 (5th Cir.1978). Thus the trial court was correct in declining to pass on the merits of appellant’s motion to correct his putatively invalid sentence.

2. Rule 32:

Slightly more opaque is the question whether the filing of an appeal divests a trial court of jurisdiction to hear claims presented under Rule 32. Shewchun importuned the trial court to correct the record considered at the sentencing hearing, which he claimed contained numerous instances of inaccurate or incorrect information. He feared these errors would affect decisions both regarding his assignment to a federal correctional facility and regarding the possibility of parole. Neither the trial court nor the government addressed this issue below, although the trial court’s decision to withhold relief by implication was a determination that it lacked jurisdiction.

We have never passed on this question. Nor, so far as we can tell, have any of our brethren on the other courts of appeals. At best there is obiter dictum in United States v. Teller, 762 F.2d 569 (7th Cir.1985), in which it was observed in passing that the appellant’s Rule 32(d) motion to withdraw the plea was held in abeyance until disposition of the appeal on the merits, “after which jurisdiction revested in the district court for consideration of the pending motions.” Id. at 572.

Upon reflection, we believe that the rule announced by the court en banc in Hitchmon is properly extended to the facts of this case. That court and others have stated in exceptionally expansive language that the filing of an appeal of virtually any sort acts to freeze all proceedings in the district court pending resolution of the appeal. As the former Fifth Circuit there stated, upon filing an appeal “[t]he district court is divested of jurisdiction to take any action with regard to the matter except in aid of the appeal.” 602 F.2d at 692 (emphasis ours); accord Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58, 103 S.Ct. 400, 402, 74 L.Ed.2d 225 (1982) (per curiam) (“a federal district court and a federal court of appeals should not attempt to assert jurisdiction over a case simultaneously. The filing of a notice of appeal is an event of jurisdictional significance — it confers jurisdiction on the court of appeals and divests the district court of its control[*943] over those aspects of the case involved in the appeal.”).

In stating this general rule, of course, the court en banc was only announcing a holding on the more limited procedural question posed by the facts of that case. But the logical and policy considerations that underlay Hitchmon apply with equal force to the factual setting today presented. The rule serves two important interests: judicial economy, for it spares the trial court from passing on questions that may well be rendered moot by the decision of the Court of Appeals; and considerations of fairness to parties who might otherwise be forced, as a matter of tactics, to fight a “two front war” for no good reason. Hitchmon, 602 F.2d at 692, 694.

When there is no logical reason for excepting motions under Rule 32 from an otherwise generally applied rule, but strong reasons of economy and fairness that dictate following that rule, we believe the proper conclusion is obvious: seeking review on the merits of an appealable matter precludes a trial court from considering the merits of a motion filed under Fed.R. Crim.P. 32 until such time as the appeal is concluded and jurisdiction revested in the trial court.

The appeal on the merits now concluded, any relief to which appellant might be eligible on his two claims must be awarded in the first instance by the trial court. The judgment of the trial court is:

AFFIRMED and REMANDED.

1

. Shewchun also filed a motion for an injuction or order to stay liquidation proceedings to be carried out by the United States Customs Service. That motion was denied by the district court and thereafter denied by this panel and has been filed with the clerk.