NONPREDENTIAL DISPOSTITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted February 1, 2008
Decided February 11, 2008
Before
Hon. FRANK H. EASTERBROOK, Chief Judge
Hon. ILANA DIAMOND ROVNER, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
UNITED STATES OF AMERICA, ] Appeal from the United
Plaintiff-Appellee, ] States District Court for
] the Northern District of
No. 07-2046 v. ] Illinois, Western Division.
]
DAVID R. PEARCE, ] No. 06 CR 50031
Defendant-Appellant. ]
] Philip G. Reinhard,
] Judge.
Counsel for the appellant in this case concedes that, unless the Supreme
Court should overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998),
there is no basis for disturbing the judgment. Only the Supreme Court is entitled to
overrule one of its own decisions, so the appeal cannot succeed in this court. The
issue has been preserved for presentation to a higher tribunal.
AFFIRMED.