The judges said the conviction was punishment enough given Mr. Mordechai's years of service to the state; a female judge dissented.
Three judges dissented from the appeals court's ruling in March.
And one judge, Judge Simons, dissented from both decisions.
The Democratic-appointed judges dissented, arguing that such overcrowding was unconstitutional.
This proved to have been unnecessary, as only one judge, Oliver Schreiner, dissented from the ruling.
And three judges dissented in an 18-page opinion.
Only one judge on the panel dissented from the ruling.
Those four judges also dissented in today's ruling against a rehearing.
A third judge dissented, agreeing that Mr. Perelman should be awarded damages.
Three judges appointed by Presidents Carter or Clinton dissented.