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.
Attorney:Andr
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
 
FREE EXCERPT

Page 1202

676 F.3d 1202 (9th Cir. 2012)

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.

Nos. 11-50003, 11-50004, 11-50005.

United States Court of Appeals, Ninth Circuit.

April 25, 2012

Argued and Submitted April 13, 2012.

André Birotte, Jr., Robert E. Dugdale, and Mark R. Yohalem (argued), United States Attorney's Office, Los Angeles, CA, for the plaintiff-appellee.

Erwin Chemerinsky, Selwyn Chu, law student (argued), and Matthew Plunkett, law student (argued), Appellate Litigation Clinic, University of California Irvine School of Law, Irvine, CA, for the defendant-appellant.

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.

Before: BARRY G. SILVERMAN and JOHNNIE B. RAWLINSON, Circuit Judges, and JOHN R. TUNHEIM, District Judge.[*]

OPINION

PER CURIAM:

Appellant John Apel, who was subject to a pre-existing order barring him from

Page 1203

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...

To continue reading

FREE SIGN UP