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U.S. v. APEL

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

676 F.3d 1202 (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.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2012.

Attorney(s) appearing for the Case

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.

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 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...

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