“ We believe computing interests out-weigh the Government's arguments. The literal language of Rule 37 (a) (2) sustains petitioner and even a perceptive reading of Rules 33 and 37 (a) (2) together would not dispel all doubt. A criminal appeal is at stake and under Fed.Rule Crim.Proc. 45 (b) the period for taking it may not be extended, while the rare and relatively brief delay in appeal allowed by petitioner's construction causes very little injury to the Government. ”

“ In these circumstances a reading that departs from the literal terms of Rule 37 (a) (2) by constricting the opportunity to appeal seems to us inappropriate. Because of our disposition we need not consider a suggestion by the Government, apparently not made to or passed on by the Court of Appeals in this case but first tentatively raised after the grant of certiorari and only later pressed upon us in oral argument, that on the present facts a motion for bail bond filed by petitioner nine days after his conviction may do unintended service as a notice of appeal. ”

“ Further support is found by the Government in a number of courts of appeals' decisions adopting this view, in the history of Rule 37 (a) (2) , and in a very recent amendment to that Rule which plainly adopts the Government's basic approach for the future. ”