United States v. Pearce

263 F. App'x 507

Opinion

Counsel for the appellant in this case concedes that, unless the Supreme Court should overrule Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (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.