United States v. Gary Adkins

*114MICHAEL, Circuit Judge,

concurring:

I concur in the majority opinion. Because we are bound by our circuit’s recent panel opinion in United States v. Campbell, 94 F.3d 125 (4th Cir.1996), I accept the majority’s determination that the November 29, 1990, effective date of the amendments to 8 U.S.C. § 1101(a)(43) applies to Adkins’ offense of illegal entry, which occurred in September 1991, and not to his predicate offense of dealing cannabis, which occurred in South Africa in 1988. If Campbell was not on the books, I would vote that the 1990 effective date provision applies to the aggravated felonies (such as Adkins’ foreign drug offense) added in the amended section, § 1101(a)(43), and not to Adkins’ offense of illegal entry, which is covered by a different section, § 1326(b)(2). I would have supported such a vote on the reasoning of United States v. Gomez-Rodriguez, 96 F.3d 1262 (9th Cir.1996) (en banc).