U.S. v. Apel, 134 S.Ct.1144 (2014) reversing (9th Circuit

Ninth Circuit reversed again.  Although defendant Apel was decided by the Supreme Court in February, 2014, and the remand issued immediately, the 9th Circuit did not get around to finally deciding the case until September, 2014. Even then the panel had to amend its opinion for reasons unclear.  The Supreme Court had basically reversed the 9th Circuit opinion and all the panel had to do was affirm the district court judgment against Apel. /wich they did in one paragraph.  U.S. v. Apel, 767 F.3d 800 (9th Cir. 2014).

The case was factually uncontested. The 9th Circuit had held federal statute 18 U.S.C. 1382 (prohibiting civilians from entering a section of a military base) inapplicable to Apel who had been repeatedly informed his conduct (throwing blood at a military sign and walking on prohibited areas) was unacceptable. The Supreme Court merely held military property is under the jurisdiction of the commander of the base and he was entitled to prevent people from committing misconduct. The Supreme Court dismissed the argument that the military had allowed an easement for civilian traffic qualified as limited federal jurisdiction.  Unanimously reversed.