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.