UNITED STATES OF AMERICA, — v. BILLIE JEROME ALLEN, —

MELLOY, Circuit Judge.

In United States v. Allen, 247 F.3d 741 (8th Cir.2001), we affirmed Billie Jerome Allen’s death sentence, rejecting, inter alia, his argument that his sentence violated the Fifth Amendment Indictment Clause. Id. at 761-64. The Supreme Court, at 536 U.S. 953, 122 S.Ct. 2653, 153 L.Ed.2d 830 (2002), granted Allen’s petition for writ of certiorari, vacated our decision, and remanded the case for reconsideration in light of Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002). On reconsideration, we hold that the indictment in Allen’s case failed to charge a…