United States v. Apel,
Annotate this Case
571 U.S. ___ (2014)
SUPREME COURT OF THE UNITED STATES
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.