Paul Glover was the Vice President and General Counsel of the Chicago Truck Drivers, Helpers, and Warehouse Workers Union.
He argued that the failure of his attorneys to appeal on the grouping question constituted ineffective assistance of counsel.
[1] Glover wanted a lower range (which would have a minimum of 63 months) and so he appealed to the United States Supreme Court which granted the case for consideration in 2000.
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.