United States v. Apel
571 U.S. ___ (2014)

Annotate this Case

SUPREME COURT OF THE UNITED STATES

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No. 12–1038

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UNITED STATES, PETITIONER v. JOHN DENNISAPEL

on writ of certiorari to the united states court of appeals for the ninth circuit

[February 26, 2014]

     Justice Alito, concurring.

     The Ninth Circuit did not rule on the constitutionality of 18 U. S. C. §1382, and I see no reason to express any view on that question at this time. See FCC v. Fox Television Stations, Inc., 556 U. S. 502, 529 (2009) . “ This Court . . . is one of final review, ‘not of first view.’ ” Ibid. (quoting Cutter v. Wilkinson, 544 U. S. 709 , n. 7 (2005)). Our failure to address this question should not be interpreted to signify either agreement or disagreement with the arguments outlined in Justice Ginsburg’s concurrence.

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