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CASTELLANOS v. U.S.

Nos. 93-1287, 93-1626.

26 F.3d 717 (1994)

John CASTELLANOS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Kevin B. STREETE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 10, 1994.

Attorney(s) appearing for the Case

John Castellanos (submitted), pro se.

Rodger A. Heaton, Asst. U.S. Atty., Springfield, IL, for the U.S. in No. 93-1287.

Kevin B. Streete, pro se.

John J. Thar, Asst. U.S. Atty., Cale J. Bradford, Indianapolis, IN, for the U.S. in No. 93-1626.

Before CUDAHY, EASTERBROOK, and MANION, Circuit Judges.

EASTERBROOK, Circuit Judge.

These appeals present a common question: whether a prisoner who contends that his attorney rendered ineffective assistance by failing to perfect an appeal from his conviction must show that he would have prevailed had an appeal been taken. We answer "no." If the defendant told his lawyer to appeal, and the lawyer dropped the ball, then the defendant has been deprived, not of effective assistance of counsel, but of any assistance...

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