Eberhart v. United States, ___ U.S. ___ (October 31, 2005) (Federal Rule of Criminal Procedure 33, which allows a district court to vacate any judgment and grant a new trial if the interest of justice so requires, is an inflexible claim-processing rule, and the Seventh Circuit incorrectly construed its time limitations as jurisdictional).
http://laws.findlaw.com/us/000/04-9949.html