Kelava v. Gonzales, ___ F.3d ___ (9th Cir. Jan. 12, 2006) ("A three-judge panel cannot disregard prior circuit precedent unless it has been effectively overruled by an intervening Supreme Court decision. See Miller v. Gammie, 335 F.3d 889, 899-900 (9th Cir.2003) (en banc). While the intervening decision need not involve an identical issue, its implications do need to be sufficiently discernable so that the two cases are "clearly irreconcilable." Id. at 900.")