Circuit Judge, concurring:
If the “physical torture” aggravating circumstance were invalid, see ante section II.B, I could not conclude that the error would not have infected the jury’s decision to sentence Smith to death. However, for the reasons set forth in section II.A of the opinion of the court, I believe the district court correctly instructed the jury as to “physical torture” and the evidence supported the jury’s finding of physical torture. Accordingly, I concur in the judgment and in the opinion of the court, except for section II.B.