But the U.S. Court of Appeals for the Armed Forces didn't rule Monday on whether Maj. Nidal Hasan would be forcibly shaved before the trial.

The court said Hasan's appeal was premature because the trial judge hasn't issued a definitive, written order for the forced shaving.

Hasan recently grew a beard, which violates Army regulations. His attorneys say he won't shave because he's expressing his Muslim faith.

But Judge Col. Gregory Gross said he'd order the forcible shaving before Hasan's court-martial if he didn't shave himself.

Hasan faces the death penalty if convicted in the 2009 attack that killed 13 on the Texas Army post.

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