SUPREME COURT OF THE UNITED STATES

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No. 91-1188

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JAMES ROWLAND, FORMER DIRECTOR, CALI FORNIA DEPARTMENT OF CORRECTIONS,

et al., PETITIONERS v. CALIFORNIA MEN'S COLONY, UNIT II MEN'S

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

[January 12, 1993]

Justice Kennedy , dissenting.

With this observation, I join Justice Thomas's dissenting opinion.