Apel

ORDER

Appellant John Apel’s Petition for Panel Rehearing is GRANTED. The Per Curiam Opinion filed on August 14, 2014 is amended to conform to the attached Amended Opinion.

OPINION

On February 26, 2014, the United States Supreme Court vacated our opinion at 676 F.3d 1202 and remanded the case to us for further proceedings consistent with its opinion. United States v. Apel, — U.S. -, 134 S.Ct. 1144 , 186 L.Ed.2d 75 (2014). Appellant John Apel was barred from Vandenberg Air Force Base, a “closed base,” after he twice trespassed beyond the designated protest area, including one incident where he threw blood on a sign for the base, and he has conceded that he does not challenge the validity of the barment order. 1 In light of the Supreme Court’s decision, Apel’s challenge to the applicability of 18 U.S.C. § 1382 to the facts of his case is denied. As to *801 Apel’s defense that his conviction violates the First Amendment, we agree with the district court’s conclusion that “whether or not the designated protest area at Vanden-berg Air Force Base is a public forum, the military may properly exclude recipients of valid bar letters, such as Mr. Apel, without violating the First…