Glover v. United States
| Glover v. United States | |
|---|---|
 L. Ed. 2d 604 | |
| Case history | |
| Prior | On Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit |
| Subsequent | Case reversed and remanded to correct sentencing error |
| Holding | |
| A significant increase in a prison sentence is not required in order to show prejudice in a claim for ineffective assistance of counsel. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Kennedy, joined by unanimous |
| Laws applied | |
| US amend. V, Sentencing Guidelines | |
Glover v. United States, 531 U.S. 198 (2001), was a United States Supreme Court case decided in 2001. The case dealt with a technical question of law relating to whether a showing of prejudice in incorrect sentencing decisions is required for a correction of that sentence.
Background
Paul Glover was the Vice President and General Counsel of the Chicago Truck Drivers, Helpers, and Warehouse Workers Union. A trial showed that he tried to enrich himself and others through
Opinion of the Court
Justice Anthony Kennedy wrote the decision of the Court which was unanimous. He stated that the Strickland test's prejudice prong did not require a showing that a wrongful increase in a sentence met 'a standard of significance'. The Seventh Circuit was thus incorrect because "there is no obvious dividing line by which to measure how much longer a sentence must be for the increase to constitute substantial prejudice... although the amount by which a defendant's sentence is increased by a particular decision may be a factor to consider in determining whether counsel's performance in failing to argue the point constitutes ineffective assistance, ...it cannot serve as a bar to a showing of prejudice."[2] Therefore, Glover's sentence had to be recalculated and the case was remanded for further proceedings in lower courts.
See also
References
- ^ 531 U.S. 198 at 202
- ^ 531 U.S. 198 at 204-205
External links
- Text of Glover v. United States, 531 U.S. 198 (2001) is available from: CourtListener Findlaw Google Scholar Justia Oyez (oral argument audio)