Tony Ray Coleman v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division

ON PETITION FOR REHEARING EN BANC

Before REAVLEY, BENAVIDES and PRADO, Circuit Judges. PER CURIAM:

Because less than a majority of judges in active service have voted in favor of granting the petition for en banc rehearing, the petition is denied. To avoid confusion about our decision, we think it necessary that we write further to correct the mistakes of the accompanying dissent on the record and the law.

I. The Record

Tony Ray Coleman has never been convicted of a sex offense or otherwise found to be a sex offender. He did not “stipulate” to sex offender conditions upon his release on January…