Beardslee v. Brown, 393 F.3d 1032 (9th Cir. Dec. 29, 2004) (three judge panel of federal court of appeals cannot, absent exceptional circumstances (not present here) overrule prior Ninth Circuit decision), citing Benny v. U.S. Parole Comm' n, 295 F.3d 977, 983 (9th Cir. 2002) ("We are bound by decisions of prior panels unless an en banc decision, Supreme Court decision or subsequent legislation undermines those decisions.")