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

I agree with the court’s conclusion that, in light of Ring, the indictment in this case was defective because it did not charge at least one statutory aggravating factor. Ante at 748-751. Further, I agree with the court’s conclusion that this defect does not require automatic reversal and must be analyzed for harmless error, that is, error which did not affect Allen’s substantial rights by prejudicing the outcome of the district court proceedings against him. Ante at 751-753. However, I disagree with the court’s conclusion that the failure to submit one or more statutory aggrava-tors to the…