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U.S. v. APEL

No. 12-1038.

134 S.Ct. 1144 (2014)

188 L.Ed.2d 75

UNITED STATES, Petitioner v. John Dennis APEL.

Supreme Court of United States.

Decided February 26, 2014.

Attorney(s) appearing for the Case

Benjamin J. Horwich , for the petitioner.

Erwin Chemerinsky , Venice, CA, for the respondent.

Erwin Chemerinsky , Counsel of Record, Kathryn M. Davis , Peter R. Afrasiabi , Appellate Litigation Clinic, University of California, Irvine School of Law, Irvine, CA, Selwyn Chu , Klatte, Budensiek & Young-Agriesti, LLP, Newport Beach, CA, Paul L. Hoffman , Schonbnm DeSimone , Seplow Harris & Hoffman, Venice, CA, Steven R. Shapiro , Ben Wizner , Brian M. Hauss , American Civil Liberties, Union Foundation, New York, NY, Peter J. Eliasberg , ACLU Foundation of Southern California, Los Angeles, CA, for Respondent.

Donald B. Venilli, Jr. , Solicitor General, Counsel of Record, Mythili Raman , Acting Assistant Attorney General, Michael R. Dreeben , Deputy Solicitor General, Benjamin J. Horwich , Assistant to the Solicitor General, David M. Lieberman , Attorney, Department of Justice, Washington, DC, for Petitioner.

Chief Justice ROBERTS delivered the opinion of the Court.

Federal law makes it a crime to reenter a "military ... installation" after having been ordered not to do so "by any officer or person in command." 18 U.S.C. § 1382. The question presented is whether a portion of an Air Force base that contains a designated protest area and an easement for a public road qualifies as part of a "military installation."

I

A

Vandenberg Air Force...

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