are used in the penalty phase, a re- viewing court must re-weigh the factors and perform a harmless error analysis. Id. Applying this analysis, the McCullah court found that two sets of aggravating factors were duplicative because in each of them, "while the factors are not identical per se, [one] fac

preme Court in Jones . United States, 527 U.S. 373, 119 S.Ct. 2 902 144 L.Ed.2d 370 (1999), a case that reviewed a Fifth Circuit decision applying McCullah. The Fifth Circuit had found that two of the ag- gravating factors charged by the govern- ment were unconstitutionally duplicative. The Supreme Cou