United States v. Lustyik, — F.3d —, 2016 WL 4275592 (10th Cir. Aug. 15, 2016)

Defense counsel argued that his client was denied his Sixth Amendment right to effective assistance of counsel, because counsel was not allowed to review classified documents prior to his client’s sentencing. The Tenth Circuit held that where defense counsel’s conduct has only been partially restricted by the trial court there is no presumptive Sixth Amendment violation. Because there was no presumption, the burden was on counsel to demonstrate the prejudice caused by his inability to review the classified documents.