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KIMBERLIN v. UNITED STATES DEPARTMENT OF JUSTICE

No. 01-5387.

351 F.3d 1166 (2003)

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

United States Court of Appeals, District of Columbia Circuit.

Filed October 28, 2003.

ORDER

PER CURIAM

Appellants' petition for rehearing en banc and the response thereto have been circulated to the full court. The taking of a vote was requested. Thereafter, a majority of the judges of the court in regular, active service did not vote in favor of the petition. Upon consideration of the foregoing, it is

ORDERED that the petition be denied.

A statement by Circuit Judge Tatel concurring in the denial of...

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