United States v. Rushin, No. 10-3025 (10th Cir. 2011)
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Over the course of six days in August 2004, Defendant Samuel Rushin and an accomplice robbed six convenience stores in Wichita at gunpoint. A year later, a jury convicted Defendant on multiple robbery and firearms charges. Defendant was sentenced to 139 years' imprisonment. On second-appeal to the Tenth Circuit, Defendant claimed he was entitled to post-conviction relief because he was denied his Sixth Amendment right to counsel when his trial attorney failed to seek dismissal of his indictment on violation of "speedy trial." The standard measure of prejudice in the context of an ineffective assistance of counsel claim is the effect of the attorney's deficient performance on the result or outcome. The Tenth Circuit found that Defendant "in no sense has proven the substantial likelihood of a result different from that he now faces." Therefore, the Court affirmed the district court's dismissal of his petition for relief.
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