Alexander Durrive v. United States, 4 F.3d 548 (7th Cir. 1993). · Go Syfert
Alexander Durrive v. United States, 4 F.3d 548 (7th Cir. 1993). Cases Citing This Book View Copy Cite
150 citation events (25 in the last 25 years) across 18 distinct courts.
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Cited for
At page 551 Determining significant sentence reduction for prejudice33 citing cases“adjusting the offense level by two or three steps is exactly the routine decision that is supposed to be handled at sentencing and on direct appeal.”2 citing courts quote it
  • Robert J. Paters v. United States, 159 F.3d 1043 (7th Cir. 1998).published 4 cites
    (Adjusting the offense level by two or three steps is exactly the routine decision that is supposed to be handled at sentencing and on direct appeal.)
  • Gonzalez v. United States, 967 F. Supp. 326 (N.D. Ill. 1997).published
    (But the difference between 120 months and 108 or even 98 ... is not ... a ‘significant’ difference.)
  • Chaney v. United States, 101 F. App'x 160 (7th Cir. 2004).unpublished
    As for the obstruction adjustment, the court held that under Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993), the effect of the two-level increase was “not significant” and therefore “foreclose[d] Chaney’s argument that his attorn…
  • Tenny v. Cockrell, 420 F. Supp. 2d 617 (W.D. Tex. 2004).published
    See also United States v. Stewart, 207 F.3d 750, 751 (5th Cir.2000) (same); Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993) (quoting with approval this portion of Spriggs); Martin v. United States, 109 F.3d 1177, 1178 (7th Cir.199…
  • Daniel v. Cockrell, 283 F.3d 697 (5th Cir. 2002).published
    See also United States v. Stewart, 207 F.3d 750, 751 (5th Cir.2000) (same); Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993) (quoting with approval this portion of Spriggs); Martin v. United States, 109 F.3d 1177, 1178 (7th Cir.199…
  • United States v. Glover, 149 F. Supp. 2d 371 (N.D. Ill. 2001).published
    Following Seventh Circuit precedent, see Martin v. United States, 109 F.3d 1177, 1178 (7th Cir.1996), cert. denied, 522 U.S. 931 , 118 S.Ct. 335 , 139 L.Ed.2d 260 (1997); Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993), it was hel…
  • United States v. Jackson, Harold, 207 F.3d 910 (7th Cir. 2000).published 2 cites
    This court adopted that formulation in United States v. Durrive, 4 F.3d 548, 551 (7th Cir. 1993), to govern collateral attacks on sentences.
  • United States of Am., Plaintiff-Appellee-Cross-Appellant v. Harold Jackson, Kevin Williams, Dion Lewis & Jathel Garrett, Defendants-Appellants-Cross-Appellees & Derrick Mallett, Richard Wash, Scott Davis, James Doty, Michelle Gaines, Clarence Haywood, Cedric Parks & James A. Yates, 207 F.3d 910 (7th Cir. 2000).published
    This court adopted that formulation in United States v. Durrive, 4 F.3d 548, 551 (7th Cir. 1993), to govern collateral attacks on sentences.
  • Ansel Allen v. United States, 175 F.3d 560 (7th Cir. 1999).published 2 cites
    “actual sentence is ‘unreliable ... or fundamentally unfair”
  • United States v. Murray, No. 97-6735, 1999 WL 187192 (4th Cir. Apr. 6, 1999).unpublished
    See Lockhart, 506 U.S. at 369 ; see also Martin v. United States, 109 F.3d 1177, 1178 (7th Cir. 1996) (holding that the potential change of sentence must be a signifi- cant amount in order to satisfy the prejudice prong); Durrive v. United…
Show 23 more citing cases
  • James Fort v. United States, 165 F.3d 32 (7th Cir. 1998).unpublished
    In Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993), we indicated that such prejudice might be shown where counsel's incompetence had a "large effect" resulting in a "significantly" harsher sentence than the defendant otherwise wou…
  • United States v. Calmes, No. 97-10061 (5th Cir. Apr. 20, 1998).unpublished
    (noting that a reduction in sentence from 120 months to 108 months or even 98 months is not a significant 8 difference)
  • United States v. Lloyd, 983 F. Supp. 738 (N.D. Ill. 1997).published 4 cites
    Durrive, 4 F.3d at 550.
  • United States v. Chong Won Tai, 972 F. Supp. 434 (N.D. Ill. 1997).published
    See Martin v. United States, 109 F.3d 1177, 1178 (7th Cir.1996); Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993).
  • Diane Barnickel v. United States, 113 F.3d 704 (7th Cir. 1997).published
    The court did not specifically address her third point under the performance part of Strickland, but it concluded that in any event Barnickel had not shown prejudice under this Circuit’s rule in Durrive v. United States, 4 F.3d 548, 551 (7…
  • Guillermo Solis Ruvalcaba v. United States, 111 F.3d 133 (7th Cir. 1997).unpublished 2 cites
    Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993); see also Martin v. United States, No. 95-2033, slip op. at 2 (7th Cir. December 4, 1996) (per curiam), reh'g en banc denied, id.
  • Donovan K. Dawes v. United States, 82 F.3d 420 (7th Cir. 1996).unpublished
    We have said, however, that "Grave errors by judge and counsel might make a sentence under the Guidelines 'unreliable or ... fundamentally unfair.' " Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993). 11 Dawes did not obtain a trans…
  • United States v. John Castellanos, 70 F.3d 117 (7th Cir. 1995).unpublished
    Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993). 16 Castellanos' claim fails; he cannot establish prejudice from the alleged attorney errors. 6 As noted above, the "sentencing entrapment" theory is meritless, and attorneys are not…
  • United States v. James M. Chaplin, 65 F.3d 170 (7th Cir. 1995).unpublished
    Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993).
  • United States v. David W. Caswell, 36 F.3d 29 (7th Cir. 1994).published
    Cf. Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993); United States v. Holland, 992 F.2d 687, 691 (7th Cir.1993).
  • Jaime Lara-Villegas v. United States, 19 F.3d 21 (7th Cir. 1994).unpublished
    Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993). 7 Because petitioner's claims are without merit, the decision of the district court to deny Villegas' Sec. 2255 motion is AFFIRMED. * After preliminary examination of the briefs, th…
  • Douglas R. Orville v. United States, 16 F.3d 1225 (7th Cir. 1994).published
    Although ineffective assistance of appellate counsel may establish cause for procedural default, see id. at 314 (citing Murray v. Carrier, 477 U.S. 478 (1986)), in order to prove ineffective assistance, Orville must show that counsel's rep…
  • United States v. Horey, 333 F.3d 1185 (10th Cir. 2003).published
    (relying on Lockhart to conclude that attorney error must produce a “large effect on the sentence” and holding that minimum twelve-month reduction was insufficient to establish prejudice)
  • United States v. Phillips, No. 98-50062 (5th Cir. May 9, 2000).published
    (finding no prejudice where correction of the sentence would result in “at least one year’s reduction in the sentence)
  • United States v. Jerry K. Partee & Ellsworth Dismuke, 31 F.3d 529 (7th Cir. 1994).published
  • Tommy Dale Underwood v. United States, 67 F.3d 301 (7th Cir. 1995).unpublished
  • Timothy S. Somers v. United States, 103 F.3d 133 (7th Cir. 1996).unpublished
  • Charles Edward Sweeney, Jr. v. United States, 151 F.3d 1033 (7th Cir. 1998).unpublished
  • United States of Am. v. James Thomas Phillips, 210 F.3d 345 (5th Cir. 2000).published
  • Cabello v. United States, 884 F. Supp. 298 (N.D. Ind. 1995).published
  • United States Ex Rel. Collins v. Welborn, 868 F. Supp. 950 (N.D. Ill. 1994).published
  • Sims v. United States, 71 F. Supp. 2d 874 (N.D. Ill. 1999).published
  • United States v. Blankenship, 906 F. Supp. 461 (C.D. Ill. 1995).published
At page 550 Evaluating prejudice for ineffective assistance of counsel claims20 citing caseswarning against "the sixth amendment becoming] the means of vindicating on collateral attack all manner of arguments under rules and statutes,” as “almost any error at sentencing may be recast as a challenge to counsel1 citing court put it this way · 19 listed here
  • Robert J. Paters v. United States, 159 F.3d 1043 (7th Cir. 1998).published 4 cites
    See Durrive, 4 F.3d at 551 ("Adjusting the offense level by two or three steps is exactly the routine decision that is supposed to be handled at sentencing and on direct appeal.").
  • Williams v. Jones, 571 F.3d 1086 (10th Cir. 2009).published 2 cites
    So, for example, in Durrive v. United States, 4 F.3d 548, 550-51 (7th Cir.1993), the Seventh Circuit refused to afford a Strickland remedy when counsel’s deficient performance produced a marginal but real effect on the defendant’s sentence.
  • Knight v. Walsh, 524 F. Supp. 2d 255 (W.D.N.Y. 2007).published
    Kimmelman, 477 U.S. at 378 , 106 S.Ct. 2574 (permitting Fourth Amendment issue to be evaluated on habeas review as a Sixth Amendment claim based on appellate counsel’s failure to appeal trial court’s denial of motion to suppress); Holman v…
  • United States v. Paladino, Robert D., No. 03-2296 (7th Cir. Mar. 15, 2005).published
    The sentencing phase of a prosecution is not to be taken lightly, as we know from Glover v. United States, 531 U.S. 198 (2001), where the Supreme Court rejected this court’s holding in Durrive v. United States, 4 F.3d 548, 550-51 (7th Cir.…
  • United States v. Paladino, Robert D., 401 F.3d 471 (7th Cir. 2005).published
    The sentencing phase of a prosecution is not to be taken lightly, as we know from Glover v. United States, 531 U.S. 198 , 121 S.Ct. 696 , 148 L.Ed.2d 604 (2001), where the Supreme Court rejected this court’s holding in Durrive v. United St…
  • United States v. Robert D. Paladino, United States of Am. v. Randy Velleff, United States of Am. v. John Peyton, United States of Am. v. Darrell Turner, 401 F.3d 471 (7th Cir. 2005).published
    The sentencing phase of a prosecution is not to be taken lightly, as we know from Glover v. United States, 531 U.S. 198 , 121 S.Ct. 696 , 148 L.Ed.2d 604 (2001), where the Supreme Court rejected this court's holding in Durrive v. United St…
  • Anthony Owens v. United States, 387 F.3d 607 (7th Cir. 2004).published 2 cites
    Glover rejected a rule that this court had adopted in Durrive v. United States, 4 F.3d 548, 550-51 (7th Cir. 1993), a cousin of Holman, to the effect that an error by counsel that resulted in a higher sentence for his client did not violat…
  • Mercer v. Herbert, 133 F. Supp. 2d 219 (W.D.N.Y. 2001).published
    Kimmelman, supra (permitting Fourth Amendment issue to be evaluated on habe-as review as a Sixth Amendment claim based on appellate counsel’s failure to appeal trial court’s denial of motion to suppress); Holman v. Page, 95 F.3d 481, 482-8…
  • Johnson v. Walker, 74 F. Supp. 2d 287 (W.D.N.Y. 1999).published
    Kimmelman v. Morrison, 477 U.S. 365, 378 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986) (permitting Fourth Amendment issue to be evaluated on habeas review as a Sixth Amendment claim based on appellate counsel’s failure to appeal trial court’s d…
  • Ricardo Arredondo v. United States, 178 F.3d 778 (6th Cir. 1999).published
    See United States v. Kissick, 69 F.3d 1048, 1055-56 (10th Cir.1995); Durrive v. United States, 4 F.3d 548, 550-51 (7th Cir.1993).
Show 9 more citing cases
  • United States v. Lloyd, 983 F. Supp. 738 (N.D. Ill. 1997).published 4 cites
    Durrive, 4 F.3d at 550.
  • State v. Van Cleave, 674 N.E.2d 1293 (Ind. 1996).published
    Shortly after Fretwell was decided, the U.S. Court of Appeals for the Seventh Circuit concluded that Fretwell , in elaborating on Strickland's requirement of a showing of unfairness or unreliability, "rejected the equation between causatio…
  • Macon v. United States, 930 F. Supp. 119 (S.D.N.Y. 1996).published
    United States v. Kissick, 69 F.3d 1048, 1054-56 (10th Cir.1995); Durrive v. United States, 4 F.3d 548, 550-51 (7th Cir.1993); Spriggs v. Collins, 993 F.2d 85, 87 (5th Cir.1993).
  • United States v. Ahern, 836 F. Supp. 492 (N.D. Ill. 1993).published
    Aid see our Court of Appeals’ current decision in Dwrrive v. United States, 4 F.3d 548, 550 (7th Cir.1993), which characterizes Lock-hart as “reject[ing] the equation between causation [in the but-for sense] and prejudice.” In summary, not…
  • United States ex rel. Green v. Peters, 830 F. Supp. 1144 (N.D. Ill. 1993).published
    And see our Court of Appeals’ current decision in Durrive v. United States, 4 F.3d 548, 550-51 (7th Cir.1993), which characterizes Lockhart as “rejecting] the equation between causation [in the but-for sense] and prejudice.” In this instan…
  • United States v. Christopher Boultinghouse, 784 F.3d 1163 (7th Cir. 2015).published
    See Glover v. United, States, 531 U.S. 198 , 121 S.Ct. 696 , 148 L.Ed.2d 604 (2001) (unchallenged Guidelines error resulting in relatively modest increase in defendant’s sentence may be sufficient to establish prejudice for purposes of an…
  • United States v. Samuel H. South, 28 F.3d 619 (7th Cir. 1994).published
  • United States v. Jesse Sanders, 32 F.3d 299 (7th Cir. 1994).published
  • United States v. Ryan, 986 F. Supp. 509 (N.D. Ill. 1997).published
At page 552 court noting that district court, in denying the Sec. 2255 petition, stated petitioner would not have prevailed on uncontested sentencing issue2 citing cases1 citing court put it this way
  • Earnest Frank Clark v. United States, 46 F.3d 1133 (7th Cir. 1995).unpublished
    (court noting that district court, in denying the Sec. 2255 petition, stated petitioner would not have prevailed on uncontested sentencing issue)
  • Ralph Foster Jackson, Jr. v. Thomas P. Roth, 24 F.3d 1002 (7th Cir. 1994).published
    Lawyers who are not superb do not always pursue low-probability avenues for helping their client even when high-probabiiity ones are nonexistent or, if present, still would not be obscured or undermined by the low-probability ones.- Cf. Du…
At page 548 EASTERBROOK, Circuit Judge. Alexander Durrive is serving a sentence of 120 months’ imprisonment for conspiring to distribute cocaine and using the telephone to…1 citing caseopening of page *548 (no citing court says what it cites this page for)
  • Montes, No. 3:26-cv-02749 (N.D. Cal. June 18, 2026).
    Defendants Fail to Prove the Plaintiffs Do Not Have a Possible Cause of Action 2 Against Ms. Wyatt 3 Defendants have not shown Ms. Wyatt “cannot be liable on any theory.” Grancare, 889 4 F.3d at 548.
At page 560 cited at this page1 citing case
  • In Re: George Washington Bridge, No. 21-2050 (2d Cir. Apr. 10, 2023).published
    Cybergenics Corp. v. Chinery, 330 4 F.3d 548, 560 (3d Cir. 2003)); see also Pettus v. Morgenthau, 554 F.3d 293, 297 (2d Cir. 5 2009) (“[W]hen construing the plain text of a statutory enactment[,] . . . . we 6 attempt to ascertain how a rea…
Other citing cases6 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Alexander DURRIVE, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
92-3872.
Court of Appeals for the Seventh Circuit.
Sep 10, 1993.
Published opinion
4 F.3d 548
1993 U.S. App. LEXIS 23565
1993 WL 345873
Linda S. Sheffield (argued), Atlanta, GA, for petitioner-appellant., R. Jeffrey Wagner, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Milwaukee, WI, for respondent-appellee.
Flaum, Easterbrook, Rovner.
Cited by 85 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: W.D. Washington (1)
EASTERBROOK, Circuit Judge.

Alexander Durrive is serving a sentence of 120 months’ imprisonment for conspiring to distribute cocaine and using the telephone to facilitate that crime. We affirmed the conviction and sentence on direct appeal. 902 F.2d 1221 (7th Cir.1990). Durrive then began this proceeding under 28 U.S.C. § 2255, arguing that the district court had not complied with Fed.R.Crim.P. 32 in imposing sentence. Anticipating that he might have trouble presenting the Rule 32 argument on collateral review, Durrive launched an attack on counsel, contending that his lawyer furnished ineffective assistance in not ensuring compliance with that rule.

Durrive was correct to perceive that noncompliance with Rule 32 may not be raised by collateral attack. Hill v. United States, 368 U.S. 424, 82 S.Ct. 468, 7 L.Ed.2d 417 (1962); Johnson v. United States, 805 F.2d 1284 (7th Cir.1986). See also United States v. Timmreck, 441 U.S. 780, 99 S.Ct. 2085, 60 L.Ed.2d 634 (1979); Scott v. United States, 997 F.2d 340, 341-42 (7th Cir.1993). A prisoner may of course contend that the procedures used in his case violated the Constitution, but the contentions Durrive advances — that he did not read the presentence report personally; that the judge did not ask him whether he had read the report; that the judge did not state why he chose 120 months’ imprisonment from the range of 108-35 months determined under the Guidelines; that the judge misinterpreted the import of some evidence in the record — do not demonstrate constitutional shortcomings. The Constitution permits courts substantial leeway in the procedures used to arrive at a[*550] sentence. E.g., United States v. Dunnigan, — U.S. -, ---, 113 S.Ct. 1111, 1116-18, 122 L.Ed.2d 445 (1993); United States v. Grayson, 438 U.S. 41, 98 S.Ct. 2610, 57 L.Ed.2d 582 (1978); Williams v. Oklahoma, 358 U.S. 576, 79 S.Ct. 421, 3 L.Ed.2d 516 (1959); Williams v. New York, 337 U.S. 241, 69 S.Ct. 1079, 93 L.Ed. 1337 (1949).

Durrive has never denied that he discussed the presentence report with his counsel and that he had an opportunity to read that document. Durrive had an opportunity to contest the conclusions of the presentence report, and his lawyer did so at some length. After his lawyer had finished, the judge asked Durrive if he had anything to add; Durrive spoke briefly but did not make substantive objections. The Constitution does not require a district judge to agree with the defendant’s assessment of the evidence; it requires only a procedure that is likely to lead to accurate decisions. Hill, 368 U.S. at 428, 82 S.Ct. at 471; Johnson, 805 F.2d at 1288. See also United States ex rel. Villa v. Fairman, 810 F.2d 715, 718-19 (7th Cir.1987). The district court’s procedure satisfied that standard.

Thus everything comes down to the contention that counsel furnished ineffective assistance. The district judge rejected this contention, concluding that, even with the benefit of hindsight, he would have imposed the same sentence. Thus, the judge concluded, Durrive cannot satisfy the “prejudice” component of ineffective assistance under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The prosecutor adds on appeal that counsel’s performance was not constitutionally deficient. Although counsel did not object to the judge’s casual treatment of the defendant’s access to the presentence report, and did not request the district judge to state reasons for imposing sentence at a particular point in the guideline range, counsel was otherwise diligent. He objected strenuously to portions of the presentenee report, argued for a lower sentence, and took an appeal presenting substantial questions for this court’s consideration.

Strickland defines “prejudice” as a probable effect on the outcome. 466 U.S. at 694, 104 S.Ct. at 2068. An “outcome” of guilt rather than innocence, or of death rather than a term of imprisonment, presents the effect starkly. But what of other sentences, where small differences in the quantity of drugs affect the range computed under the Sentencing Guidelines? A superior presentation by the lawyer may induce the judge to subtract a few offense levels or give a sentence lower in the range. Because the judge both determines a range and selects from within that range, almost any of counsel’s actions has a potential effect on the sentence. Small failings by counsel are not enough to turn a probable acquittal into a probable conviction; equally slight failings could turn a 115 month sentence into a 120 month sentence. Do effects of this kind satisfy the prejudice component of Strickland? If so, the sixth amendment becomes the means of vindicating on collateral attack all manner of arguments under rules and statutes. Almost any error at sentencing may be recast as a challenge to counsel. Had the lawyer ensured compliance with Rule 32, the argument goes, the district court would have selected a lower sentencing range, and this difference, defendant would have us believe, yields a probable effect on the outcome, and therefore “prejudice,” under Strickland. A Rule 32 claim thus is open for argument just as if this were a direct appeal. Yet this contradicts the holdings of Hill, Johnson, and many other cases that violations of the rules of criminal procedure are not grounds for collateral relief. Does Strickland admit through the back door considerations barred at the front?

The answer must be yes if probable effect on the outcome means but-for causation (or probable but-for causation). Cases since Strickland show, however, that causation is not enough, because not all effects are of equal weight. “The essence of an ineffective-assistance claim is that counsel’s unprofessional errors so upset the adversarial balance between defense and prosecution that the trial was rendered unfair and the verdict rendered suspect.” Kimmelman v. Morrison, 477 U.S. 365, 374, 106 S.Ct. 2574, 2582, 91 L.Ed.2d 305 (1986). That understanding led the Court in Lockhart v. Fretwell, —[*551] U.S. -, 113 S.Ct. 838, 122 L.Ed.2d 180 (1993), to reject the equation between causation and prejudice. “[A]n analysis focussing solely on mere outcome determination, without attention to whether the result of the proceeding was fundamentally unfair or unreliable, is defective. To set aside a conviction or sentence solely because the outcome would have been different but for counsel’s error may grant the defendant a windfall to which the law does not entitle him.” Id. at -, 113 S.Ct. at 842-43. If an effect on the outcome is not enough, what is? According to Lockhart, the defendant must establish that counsel’s shortcomings “render[ed] the result ... unreliable or the proceeding fundamentally unfair.” Id. at -, 113 S.Ct. at 844. This takes us back to the question whether a violation of Rule 32 makes a sentence “unreliable or ... fundamentally unfair.” Hill and Johnson answer that question “no.” Similarly, Scott holds that a misapplication of the Sentencing Guidelines does not make the sentence “unreliable or ... fundamentally unfair.” Lockhart thus avoids the two-step process by which an invocation of the sixth amendment opens to collateral review errors that do not themselves call for a writ of habeas corpus.

Grave errors by judge and counsel might make a sentence under the Guidelines “unreliable or ... fundamentally unfair.” For instance, an error that produces a large effect on the sentence could be condemned on this basis. “In order to avoid turning Strickland into an automatic rule of reversal in the non-capital sentencing context, ... in deciding such an ineffectiveness claim, a court must determine whether there is a reasonable probability that but for trial counsel’s errors the defendant’s non-capital sentence would have been significantly less harsh.” Spriggs v. Collins, 993 F.2d 85, 88-89 (5th Cir.1993) (emphasis in original). The court added: “‘Significance’ is a relative term here. Of course, it is arguable that any amount of liberty of which a person is unnecessarily deprived is ‘significant.’ However, our reading of the Supreme Court’s capital ineffectiveness jurisprudence leads us to believe that ‘prejudice’ must be rather appreciable before a new [proceeding] is warranted in view of counsel’s error. If an appreciable showing of prejudice is required in the capital context, a requirement for a showing of significant prejudice applies a fortiori in the non-capital context.” Id. at 89 n. 5 (emphasis in original; citations omitted). We need not decide whether there are other ways to establish that the outcome of a sentencing proceeding is “unreliable or ... fundamentally unfair”; Durrive’s claim fails by almost any standard.

The district court determined that Dur-rive’s conspiracy planned to acquire three kilograms of cocaine. Durrive says that meticulous adherence to Rule 32’s procedures would have led the court to understand that the quantity under consideration was less than two kilograms, reducing the offense level from 28 to 26. This difference would have dropped the sentencing range to 87-108 months, leading to at least one year’s reduction in the sentence. As the fifth circuit recognized, an extra year in custody is significant from the defendant’s perspective. But the difference between 120 months and 108 or even 98 (the middle of the lower range) does not demonstrate that the actual sentence is “unreliable ... or fundamentally unfair” — is not, in the language of Spriggs, a “significant” difference. That opinion held that a lawyer’s failure to contest the presen-tence report’s description of the defendant’s prior offenses did not lead to a “significant” increase in the sentence even though the judge cited those offenses when imposing a term of 35 years’ imprisonment. Durrive protests a lesser injury (if there was any error at all). Adjusting the offense level by two or three steps is exactly the routine decision that is supposed to be handled at sentencing and on direct appeal. Before the advent of the Sentencing Guidelines, no one would have dreamed that choices influencing the term of imprisonment within such a narrow range could be relitigated on collateral attack. Nothing in the Guidelines expands the scope of such review, see Scott, and we therefore conclude that Durrive has not established “prejudice” within the meaning of Strickland.

Our conclusion that Durrive may not obtain an indirect review of his Rule 32 claims through the vehicle of disputing his counsel’s performance does not imply that the district[*552] judge acted properly. The judge failed to comply with 18 U.S.C. § 3553(c)(1), which requires the court to give reasons for selecting the point within a sentencing range that exceeds 24 months. The judge also failed to comply with Fed.R.Crim.P. 32. Rule 32(e)(3)(A) provides that “[a]t least 10 days before imposing sentence, unless this minimum period is waived by the defendant, the court shall provide the defendant and the defendant’s counsel with a copy of the report of the presentence investigation”. Rule 32(a)(1)(A) adds that before imposing sentence the court shall “determine that the defendant and defendant’s counsel have had the opportunity to read and discuss the pre-sentence investigation report made available pursuant to subdivision (c)(3)(A)”. Durrive did not receive the presentence report 10 days before sentencing, and the district court neither elicited an express waiver nor determined that Durrive had the requisite opportunity to read the report. Instead the judge relied on counsel to ensure that Durrive had such access as counsel thought appropriate. The day before sentencing Durrive’s parents hired him a new lawyer, who advised the judge that neither he nor his client had read the report. Although the judge volunteered to defer the sentencing (counsel declined the offer), the judge did not make the inquiry that Rule 32(a) requires. Counsel represented Durrive vigorously on appeal. His current lawyer’s attack on that lawyer’s appellate performance does not require discussion. It may be that counsel disdained these potential issues because of a perception that a remand would do no good. (So the judge said when denying the petition under § 2255.) Effective lawyers confine themselves to the issues with the greatest potential for assisting their clients. Jones v. Barnes, 463 U.S. 745, 751-53, 103 S.Ct. 3308, 3312-13, 77 L.Ed.2d 987 (1983). Still, complying with Rule 32 at sentencing would have been far preferable — first because Rule 32 is the law, and second because it would have saved everyone the time and aggravation this collateral proceeding has entailed.

Affirmed.