United States v. Stacy Edward Lucas

Lucas appeals from a conviction of escaping from a federal correctional institution located in Tucson, Arizona, in violation of 18 U.S.C. § 751 (1982). We have jurisdiction pursuant to 28 U.S.C. § 1291 (1982). Lucas claims on appeal that he was denied his sixth amendment right to the effective assistance of counsel due to his pretrial detention in a facility located in Phoenix, approximately 120 miles away from his court-appointed counsel in Tuscon. We review this claim de novo. See Weygandt v. Ducharme, 774 F.2d 1491, 1492-93 (9th Cir.1985).

Ordinarily an ineffective assistance of counsel claim requires that the aggrieved party show that his “counsel’s performance was deficient” and that “the deficient performance prejudiced the defense.” Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984). But the “ ‘[a]ctual or constructive denial of the assistance of counsel altogether’ is not subject to the kind of prejudice analysis that is appropriate in determining whether the quality of a lawyer’s performance itself has been constitutionally ineffective.” Perry v. Leeke, - U.S. -, 109 S.Ct. 594, 600 , 102 L.Ed.2d 624 (1989) (quoting Strickland, 466…