Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury that the defendant is 'guilty' of the only crime charged and encourages the jury to impose a 'substantial sentence'?

QUESTION PRESENTED Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury that the defendant is “guilty” of the only crime charged and encourages the jury to impose a “substantial sentence”? The Fifth Circuit said no, but precedent from the Ninth and Tenth Circuits says yes. il