court committed legal error by reinterpreting an earlier Supreme Court case, rather than applying this court’s subsequent interpretation of that case); see also Walton v. Bisco Indus., Inc., 119 F.3d 368, 371 n. 4 (5th Cir.1997) (“To the extent that [the appellant] believes that we have construed [an earlier Supreme Court decision] incorrectly, we note that absent an intervening Supreme Court decision or a decision by this court sitting en banc, we are bound by a prior panel’s interpretation.”); Tucker v. Phyfer, 819 F.2d 1030, 1035 n. 7 (11th Cir.1987) (“[H]ad the [earlier] panel expressly considered [two Supreme Court decisions], we would be bound by its interpretation and application of those decisions.”); Diamond Shamrock Co. v. N.L.R.B., 443 F.2d 52, 60 n. 27 (3d Cir.1971) (<HOLDING>); cf. United States v. Rapanos, 376 F.3d 629,
holding that the panel is bound by decisions of prior panels holding that a panel of this court cannot overturn a prior panels decision holding that a panel of this court is bound by a holding of a prior panel but is not bound by a prior panels dicta recognizing that a prior panels holding is binding on all subsequent panels holding that court is bound by prior panels interpretation of supreme court decision