USA v. Pearce, David

Filing 16

Opinion

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, Plaintiff-Appellee, No. 07-2046 v.

DAVID R. PEARCE, Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Illinois, Western Division. No. 06 CR 50031 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.