nment to charge statutory aggravating factors under the FDPA in the indictment. See, e.g., Quinones, 313 F.3d at 53 n. 1 (noting that, pursuant to Ring I. Arizona, "statutory aggravating factors ... must now be alleged in the indictment and found by a jury in capital cases"); see also Bourgeois, 423 F.3d at

kewise rejected it. See Sampson, 486 F.3d at 21. Fell, relying on Cunningham le Califor- nia, 549 U.S. 270, 127 S.Ct. 56, 166 L.Ed.2d 856 (2007), Ring I. Arizona, and related Supreme Court precedents, urges us reach a different conclusion. In Apprendi New Jersey, 530 U.S. 466 120 S.Ct. 348, 147 L.Ed.2d 435