Court of Appeals for the Tenth Circuit December 7, 2001, 00-6024 (Jay Wesley Neill v. Gary Gibson, Warden, Oklahoma State Penitentiary)

LUCERO, Circuit Judge,

dissenting.

I appreciate the revisions made to the majority opinion in response to the petition for rehearing and my initial dissent. See Neill v. Gibson, 263 F.3d 1184, 1199 (10th Cir.2001). While these changes bring us into closer accord,1 I nevertheless am unable to conclude under Darden v. Wainwright, 477 U.S. 168, 106 S.Ct. 2464, 91 L.Ed.