concurring in part and dissenting in part.
I join the dissent insofar as I, too, adhere to the views expressed in the dissenting opinion in Browning v. United States, 241 F.3d 1262, 1267 (10th Cir.2001) (en banc). I recognize that Browning is the law of the circuit, and, given our precedent, I concur with the majority opinion that AEDPA’s substantive standards work no impermissibly retroactive effect when applied to Mr. Daniels’ application.