Zamloch

This cause is before us on a motion to remand the case to the trial court in order to permit appellant to move for a new trial on the ground of newly discovered evidence. • :■

During the time Rule 11(3) was in effect such was the proper procedure and this court so held in Wagner v. United States, 9 Cir., 118 F.2d 801 . Rule 11(3) provided: “A motion for a new trial solely upon the ground .of newly-discovered evidence may be made within sixty (60) days * * * unless an appeal has been taken and in that event the trial court may entertain the motion only on remand of the case by the appellate court for that purpose, and such remand may be made at any time before final judgment.” (Emphasis supplied.) 292 U.S. 662 .

The advisory committee on revision of criminal rules considered an amendment of Rule 11(3) advisable and in that connection commented as follows: “The provision [in the new rule] that if an appeal is pending the court may grant the motion only on remand of the case, is intended to change the existing practice pursuant to which a remand of the case from the appellate court must be secured before the motion for a new trial is made in the trial court. Under the proposed rule…