351 F.3d 1165


351 F.3d 1165

Brett C. KIMBERLIN and Darrell Rice, Appellants,
v.
UNITED STATES DEPARTMENT OF JUSTICE and Bureau of Prisons, Appellees.

No. 01-5387.

United States Court of Appeals, District of Columbia Circuit.

Filed October 28, 2003.

1

Appeal from the United States District Court for the District of Columbia (No. 97cv02633).

On Appellants’ Petition for Rehearing

2

Before: SENTELLE, HENDERSON, and TATEL,* Circuit Judges.

ORDER

PER CURIAM

3

Upon consideration of the appellants’ petition for panel rehearing, filed on March 28, 2003, and the appellees’ response thereto, it is

4

ORDERED that the petition be denied. Our panel disposition of this case remains unchanged after the United States Supreme Court’s opinion in Overton v. Bazzetta, 539 U.S. 126, 123 S.Ct. 2162, 156 L.Ed.2d 162 (2003). To the extent that Overton may affect our determination that we “need not invoke the four factor analysis the United States Supreme Court established in Turner v. Safley, 482 U.S. 78, 89, 107 S.Ct. 2254, 2261-62, 96 L.Ed.2d 64 (1987),” Kimberlin v. United States Dep’t of Justice, 318 F.3d 228, 232 (D.C.Cir. 2003), our alternative disposition, that the prison regulations banning electric and electronic musical instruments satisfy Safley‘s test, remains intact, see id. at 233-34.

Notes:

*

Judge Tatel would grant the petition for panel rehearing