676 F.3d 1202 (9th Cir. 2012), 11-50003, United States v. Apel
|Docket Nº:||11-50003, 11-50004, 11-50005.|
|Citation:||676 F.3d 1202|
|Opinion Judge:||PER CURIAM:|
|Party Name:||UNITED STATES of America, Plaintiff-Appellee, v. John Dennis APEL, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. John Dennis Apel, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. John Dennis Apel, Defendant-Appellant.|
|Judge Panel:||Before: BARRY G. SILVERMAN and JOHNNIE B. RAWLINSON, Circuit Judges, and JOHN R. TUNHEIM, District Judge.[*]|
|Case Date:||April 25, 2012|
|Court:||United States Courts of Appeals, Court of Appeals for the Ninth Circuit|
Argued and Submitted April 13, 2012.
Appeal from the United States District Court for the Central District of California, John F. Walter, District Judge, Presiding. D.C. Nos. 2:10-cr-00830-JFW-1, 2:10-cr-00869-JFW-1, 2:10-cr-00831-JFW-1.
Appellant John Apel, who was subject to a pre-existing order barring him from
Vandenberg Air Force Base, was convicted of three counts of trespassing on the base in violation of 18 U.S.C. § 1382. After his convictions became final in district court, we decided United States v. Parker, 651 F.3d 1180 (9th Cir.2011). Parker held that because a stretch of highway running through Vandenberg AFB is subject to an easement " granted to the State of California, which later relinquished it to the County of Santa Barbara," the federal government lacks the exclusive right of possession of the area on which the trespass allegedly occurred; therefore, a conviction under 18 U.S.C. § 1382 cannot stand, regardless of...
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