dissenting:
I adhere to the views I expressed in the first en banc case, see United States v. Crowder, 87 F.3d 1405, 1416 (D.C.Cir.1996). I would only add that, with all due respect to the Supreme Court, I do not understand why it thought that this case was affected by the Court’s opinion in Old Chief v. United States, 519 U.S. 172, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997).