concurring dubitante.
On the one hand, I find it very hard to distinguish Neder v. United States, 527 U.S. 1, 119 S.Ct. 1827, 144 L.Ed.2d 35 (1999), and its progeny, including this Court’s opinion in United States v. Jackson, 196 F.3d 383 (2d Cir.1999), from the case before us. On the other hand, as the majority of the panel notes, the Neder arguments made here would also have been relevant in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). All this leaves me puzzled, but not sufficiently to justify a dissent. Accordingly, I join the majority’s order, albeit a mite queasily.