Glover, Paul v. U.S. (01/09/2001)

By: Allison Pries, Medill News Service

Questions presented

(1) Did the 7th Circuit err in holding that an additional six to 21 months in prison due to counsel's error relating to the U.S. Sentencing Guidelines fails to satisfy the ""prejudice"" prong of Strickland v. Washington, 466 U.S. 668 (1984)? (2) Did the 7th Circuit err in holding that a two-level error in the offense level under the federal sentencing guidelines was per se insufficient to satisfy the ""prejudice"" prong of Strickland even when this two-level error resulted in a defendant being sentenced to an additional six to 21 months in prison?

Brief

On Jan. 19, 1995, a federal grand jury indicted Paul L. Glover, former Vice-President and General Counsel of the Chicago Truck Drivers, Helpers and Warehouse Workers Union of conspiracy, soliciting and receiving kickbacks, money laundering and tax evasion. The 22-count indictment stemmed from several investments of pension monies that were not approved by the Boardof Directors and that Glover personally benefited from.

Glover testified in his own defense, but the jury deadlocked and the judge declared a mistrial. At his second trial, Glover elected not to testify and the government attempted to admit 11 of more than 200 pages of Glover's testimony from the first trial. Glover's lawyers objected, arguing that without a fuller context, the admission would interfere with Glover's right to a fair trial. The judge overruled the objection, and Glover was convicted, and sentenced to 84 months of a possible 78 to 97 month sentence.

In figuring out Glover's sentencing range, the judge grouped the counts of each offense separately, thereby arriving at a base offense level of 24. Then the judge added on two points for obstruction of justice on the grounds that Glover committed 4 counts of perjury in his testimony at the first trial, thus, arriving at the 78 to 97 month sentencing range, and electing the midpoint of 84 months.

Glover was ordered to forfeit $325,00 and pay court costs. He was also required to abstain from union involvement as anything more than a member in any labor organization for 13 years.

On Dec. 2, 1996, a unanimous 7th Circuit Court of Appeals panel affirmed, holding that Glover was not denied a fair trial and that his sentence was appropriate.

""Glover has failed to show how the record supports the basic premise underlying his argument, namely, that the judge excluded the transcript merely because of its length, without taking into consideration the impact of that ruling on the fairness of Glover's trial,"" wrote Judge Ilana Rovner for the court.

In June of 1999 Glover filed a motion with the 7th Circuit, claiming ""that his lawyers were ineffective in failing to argue that the sentencing court should have grouped his offenses."" Without the enhancement of his offense base level, Glover contended that his sentence would have been 6 to 21 months shorter.

After examining the briefs and the record, a different 7th Circuit panel concluded that oral arguments were unnecessary and affirmed.

""In order to successfully claim ineffective assistance of counsel, Glover would need to show that his counsel performed below a constitutional threshold and that the deficient performance prejudiced him,"" Judge Diane Wood wrote in a unanimous, three-paragraph opinion. The potential decrease in Glover's sentence ""is not sufficiently significant to be cognizable on collateral attack.""

On June 26, 2000, the U.S. Supreme Court granted certiorari in the case and allowed Glover to proceed in forma pauperis.

On Jan. 9, 2001, a unanimous Court sided with Glover, holding that a sentencing error that results in an increase in any amount of jail or prison time is sufficient to allow a defendant the opportunity to show that ineffective assistance of counsel in that sentencing determination prejudiced his case.

Justice Anthony Kennedy wrote the brief opinion for the Court.

In reversing, the Court remanded the case for the lower courts to address the other arguments raised by the U.S.