Charles Thomas Corn v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent

GARZA, Circuit Judge, specially

concurring:

I concur in this opinion only because I feel that I must.

I want to state that I do not agree with the en banc opinion of the Eleventh Circuit in Bowen v. Kemp and Dix v. Kemp, 832 F.2d 546 (11th Cir.1987), but I am sitting in the Eleventh Circuit, a circuit other than my own, and I feel that I am bound by the law of the circuit where I am sitting. If this was not so, I would hold that the Sandstrom violation was harmless error and would affirm the conviction of Corn. Feeling bound to follow the law of the Eleventh Circuit, I agree that the error was not harmless.