Chicago, Illinois 60604 Submitted October 28, 2005 Decided October 28, 2005 Before… v. Curtis A. King

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted October 28, 2005
Decided October 28, 2005
Before
Hon. JOHN L. COFFEY, Circuit Judge
Hon. FRAHK H. EASTERBROOK, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
No. 04-3733 v.
CURTIS A. KING,
Defendant-Appellant.
Appeal from the United
States District Court
for the Western
District of Wisconsin.
No. 04 CR 78
John C. Shabaz,
Judge.
Order
The defendant's sentence was enhanced because of a prior
conviction. His sole contention on appeal is that this
conviction had to be alleged in the indictment and proved to a
jury's satisfaction. He concedes that
Almendarez-Torres v.
United States, 523 U.S. 224 (1998), rejected this precise
contention but contends that
Almendarez-Torres is no longer good
law. This argument is not one that we are free to entertain,
however; only the Supreme Court can decide when one of its
decisions will be overruled. The Justices continue to recite the
Almendarez-Torres limitation on the approach adopted by
Apprendi
v. New Jersey, 530 U.S. 466 (2000). See
United States v. Booker,
125 S. Ct. 738, 756 (2005): "Any fact
(other than a prior
conviction) which is necessary to support a sentence exceeding
the maximum authorized by the facts established by a plea of
guilty or a guilty verdict must be admitted by the defendant or
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 04-3733 Page 2
proved to a jury beyond a reasonable doubt." (Emphasis added.)
Defendant's counsel therefore raises the contention only to
preserve it for presentation to the Supreme Court. That task has
been accomplished, and we send the case on its way.
Affirmed

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