George Eggleston v. United States, 798 F.2d 374 (9th Cir. 1986). · Go Syfert
George Eggleston v. United States, 798 F.2d 374 (9th Cir. 1986). Cases Citing This Book View Copy Cite
131 citation events (84 in the last 25 years) across 24 distinct courts.
Strongest positive: Dunckley v. Robert LeGrand (nvd, 2020-09-22)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Dunckley v. Robert LeGrand
D. Nev. · 2020 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
a claim of failure to interview a witness . . . cannot 16 establish ineffective assistance when the person's account is otherwise fairly known to defense 17 counsel.
discussed Cited as authority (rule) Holiday v. United States
S.D. Cal. · 2025 · confidence medium
“A claim of failure to interview a witness may sound impressive in the abstract, but it cannot establish 26 ineffective assistance when the person’s account is otherwise fairly known to defense counsel.” See Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986) (quoting United States v. Decoster, 624 F.2d 27 196, 209 (D.C.
discussed Cited as authority (rule) Zogheib v. United States
D. Nev. · 2024 · confidence medium
Zogheib’s counsel provided the court with 18 57 Id. at 7. 19 58 Id. at 8. 20 59 Bragg v. Galaza, 242 F.3d 1082, 1088 (9th Cir. 2001) (quoting Strickland, 466 U.S. at 691 ). 21 60 Id. (citing Hart v. Gomez, 174 F.3d 1067, 1070 (9th Cir. 1999)). 61 Id. (quoting Hendricks v. Calderon, 70 F.3d 1032, 1050 (9th Cir. 1995)). 22 62 Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986) (cleaned up). 23 63 Bragg, 242 F.3d at 1088 (citing Eggleston, 798 F.2d at 376 ). 64 Eggleston, 798 F.2d at 376 . 1 two extensive sentencing memoranda that raised the sentencing arguments that Zogheib now 2 rei…
discussed Cited as authority (rule) Knopping v. United States (2×) also: Cited "see, e.g."
S.D. Cal. · 2024 · confidence medium
Discovery Review 15 “Ineffective assistance claims based on a duty to investigate must be 16 considered in light of the strength of the government’s case.” Eggleston v. 17 United States, 798 F.2d 374, 376 (9th Cir. 1986).
discussed Cited as authority (rule) Jerry Scott Heidler v. Warden GDCP (2×) also: Cited "see, e.g."
11th Cir. · 2023 · confidence medium
“A claim of failure to interview a witness may sound impressive in the abstract, but it cannot establish ineffective assistance when the person’s ac- count is otherwise fairly known to defense counsel.” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986) (quoting United States v. Decoster, 624 F.2d 196, 209 (D.C.
discussed Cited as authority (rule) Lyndon Fitzgerald Pace v. Warden, Georgia Diagnostic and Classification Prison
11th Cir. · 2023 · confidence medium
Trial counsel were not ineffective for not following up with Ms. Grissom because her “account [was] otherwise fairly known to defense counsel.” See Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986) (quoting United States v. Decoster, 624 F.2d 196, 209 (D.C.
cited Cited as authority (rule) Harris v. United States
D. Haw. · 2023 · confidence medium
Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986).
discussed Cited as authority (rule) (HC) Williams v. Lizarraga
E.D. Cal. · 2022 · confidence medium
Furthermore, “ineffective 15 assistance claims based on a duty to investigate must be considered in light of the strength of the 16 government’s case.” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986). 17 On the record in this case, the undersigned cannot conclude that trial or appellate 18 counsel’s performance fell below the applicable standard.
discussed Cited as authority (rule) Billy Leon Kearse v. Secretary, Florida Department of Corrections
11th Cir. · 2022 · confidence medium
See Messer v. Florida, 834 F.2d 890 , 896–97 (11th Cir. 1987) (concluding that defense counsel’s decision not to depose the pathologist who performed an autopsy on the victim wasn’t “outside the wide range of professionally com- petent assistance” where “[t]he defense counsel testified in state court that he had full access to the prosecutor’s files, which pre- sumably included the pathologist’s report” (quotation omitted)); USCA11 Case: 15-15228 Date Filed: 08/25/2022 Page: 56 of 79 56 Opinion of the Court 15-15228 Turner v. Williams, 35 F.3d 872, 898 (4th Cir. 1994) (conclu…
discussed Cited as authority (rule) Meza v. United States
S.D. Cal. · 2022 · confidence medium
As such, “[t]he only evidence they might offer was that Mr. 6 Merendino was a heavy drinker and could be verbally abusive and manipulative when he 7 drank.” Id. 8 “A claim of failure to interview a witness may sound impressive in the abstract, but 9 it cannot establish ineffective assistance when the person’s account is otherwise fairly 10 known to defense counsel.” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 11 1986).
discussed Cited as authority (rule) Franco v. United States
S.D. Cal. · 2022 · confidence medium
However, when evaluating an IAC claim based on the duty to investigate, the court 9 must consider the claim “in light of the strength of the government’s case.” Eggleston v. 10 United States, 798 F.2d 374, 376 (9th Cir. 1986); see, e.g., Stanford v. Ryan, 692 F. 11 App’x 339, 341 (9th Cir. 2017) (holding failure of the prejudice prong of a prisoner’s 12 Strickland claim against his counsel for failure to interview key witness in murder charge 13 where “testimony likely would not have overcome the government’s physical evidence 14 inculpating [defendant]”); Winston v. Neven, 545…
discussed Cited as authority (rule) Whitney v. United States
D. Ariz. · 2021 · confidence medium
However, 19 claims of ineffective assistance of counsel that are based on a duty to investigate “must be 20 considered in light of the strength of the Government’s case.” Eggleston v. United States, 21 798 F.2d 374, 376 (9th Cir. 1986). 22 Considering each allegation of ineffective assistance individually and cumulatively 23 in light of the strength of the Government’s case and against the totality of the evidence, 24 the Court concludes Whitney has failed to establish trial counsel was ineffective.
discussed Cited as authority (rule) Cordova v. Shinn
D. Ariz. · 2021 · confidence medium
“A claim of failure to interview a witness . . . cannot establish ineffective 27 assistance when the person’s account is otherwise fairly known to defense counsel.” Id. 28 (alteration in Bragg) (quoting Eaggleston v. United States, 798 F.2d 374, 376 (9th Cir. - 27 - Case 4:20-cv-00163-SHR Document 29 Filed 06/16/21 Page 28 of 36 1 1986)).
discussed Cited as authority (rule) Alcaraz v. Williams
D. Nev. · 2021 · confidence medium
Hart v. Gomez, 174 F.3d 1067, 1070 (9th Cir. 1999). 14 “[I]neffective assistance claims based on a duty to investigate must be considered in light of the 15 strength of the government’s case.” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986). 16 Alcaraz fails to demonstrate that his trial counsel acted deficiently in carrying out his 17 investigative duties.
discussed Cited as authority (rule) Cuevas Espinoza v. Hatton
S.D. Cal. · 2020 · confidence medium
“A claim 2 of failure to interview a witness . . . cannot establish ineffective assistance when the 3 person’s account is otherwise fairly known to defense counsel.” Bragg, 242 F.3d at 1088 4 (quoting Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986)).
discussed Cited as authority (rule) Franco v. United States
S.D. Cal. · 2020 · confidence medium
Furthermore, when evaluating an ineffective assistance of counsel claim based 21 on the duty to investigate, the court must consider the claim “in light of the strength of the 22 government’s case.” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986). 23 Here, Petitioner has not demonstrated that further investigation into the in-cell 24 recordings would have benefited him.
discussed Cited as authority (rule) State v. Ibrahim
Ohio Ct. App. · 2020 · confidence medium
Inst., S.D.Ohio No. 1:09-CV-429 (Nov. 19, 2013), quoting Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986) (" 'A claim of failure to interview a witness may sound impressive in the abstract, but it cannot establish ineffective assistance when the person's account is otherwise fairly known to defense counsel.' ").
discussed Cited as authority (rule) Krehnovi v. Williams
D. Nev. · 2020 · confidence medium
On January 25, 2012, in a separate case, Krehnovi was 11 charged in state justice court with burglary, forgery, establishing or possessing a financial 12 forgery laboratory, and possession of a forged instrument.48 Two months later, on March 22, 13 2012, the State filed charges in state justice court against him for his instant case: battery 14 constituting domestic violence.49 The following day, March 23, 2012, Krehnovi informed the 15 state justice court that Levine was previously represented by the public defender’s office, so the 16 state justice court appointed conflict counsel to repre…
discussed Cited as authority (rule) Taylor v. Gentry
D. Nev. · 2020 · confidence medium
It is also unclear from the record whether these 14 video surveillance recordings existed or whether they were retrievable by Taylor’s trial 15 counsel.87 But even if Taylor’s trial counsel was deficient for failing “to make reasonable 16 17 18 19 82 Strickland, 466 U.S. at 691 . 20 83 Id. 84 Sanders v. Ratelle, 21 F.3d 1446, 1457 (9th Cir. 1994). 21 85 Hart v. Gomez, 174 F.3d 1067, 1070 (9th Cir. 1999). 22 86 Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986). 87 See ECF No. 13-34 at 13 (testimony of Officer Tygard that a request was made for the 23 Ponderosa Hotel’s survei…
discussed Cited as authority (rule) Brass v. Williams
D. Nev. · 2020 · confidence medium
Eggleston v. 15 United States, 798 F.2d 374, 376 (9th Cir. 1986). 16 First, Brass contends that his trial counsel should have independently tested the bullet 17 fragment found at the September 22, 2006 crime scene to show that it could not have been from 18 the revolver found at his parents’ residence.
discussed Cited as authority (rule) Dominguez v. Williams
D. Nev. · 2020 · confidence medium
Ground 3is procedurally defaulted. 9 Defense counsel has a “duty to make reasonable investigations or to make a reasonable 10 decision that makes particular investigations unnecessary.”212 “In any ineffectiveness case, a 11 particular decision not to investigate must be directlyassessed for reasonableness in all the 12 circumstances, applying a heavy measure of deference to counsel’s judgments.”213 This 13 investigatory duty includes investigating the defendant’s “most important defense,”214 and 14 investigating and introducing evidence thatdemonstrates factual innocence or evi…
discussed Cited as authority (rule) Wild v. United States
S.D. Cal. · 2020 · confidence medium
No. 142 17 at 9.) “A claim of failure to interview a witness … cannot establish ineffective assistance 18 when the person’s account is otherwise fairly known to defense counsel.” Eggleston v. 19 United States, 798 F.2d 374, 376 (9th Cir. 1986) (quoting United States v. Decoster, 624 20 F.2d 196, 209 (D.C.
discussed Cited as authority (rule) Richard Clark v. Kevin Chappell
9th Cir. · 2019 · confidence medium
Trial counsel is not required to personally interview each witness, especially “if the witness’s account is fairly known to counsel.” LaGrand v. Stewart, 133 F.3d 1253, 1274 (9th Cir. 1998) (citing Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986)).
discussed Cited as authority (rule) Hooman Panah v. Kevin Chappell
9th Cir. · 2019 · confidence medium
After weighing counsel’s deficiencies cumulatively with “the strength of the government’s case,” Rios v. Rocha, 299 F.3d 796 , 808–09 (9th Cir. 2002) (quoting Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986)), we believe the state court reasonably rejected Panah’s assertion that the trial’s outcome “would have been dramatically different” had counsel’s performance not been deficient.
discussed Cited as authority (rule) Crystal Elizabeth Turner v. State
Idaho Ct. App. · 2018 · confidence medium
The Ninth Circuit, in Eggleston v. United States, 798 F.2d 374, 377 (9th Cir. 1986), concluded that any potential coercion was corrected by the defendant’s intelligence and the court’s thoroughness at the plea hearing.
discussed Cited as authority (rule) Robert Stanford, III v. Charles Ryan
9th Cir. · 2017 · confidence medium
If Ajamu had testified, his testimony likely would not have overcome the government’s physical evidence inculpating Stanford. “[Ijneffective assistance claims based on a duty to investigate must be considered in light of the strength of the government’s case.” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986).
discussed Cited as authority (rule) Rogelio Espinoza v. Marion Spearman (2×)
9th Cir. · 2016 · confidence medium
Determining prejudice in the context of a failure to investigate obviously requires considering “the strength of the government’s case.” Rios v. Rocha, 299 F.3d 796 , 808–809 (9th Cir. 2002) (quoting Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986)).
discussed Cited as authority (rule) United States v. Akbar (2×)
C.A.A.F. · 2015 · signal: cf. · confidence medium
Cf. Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986) (noting that trial counsel need not interview a witness if the account is fairly known to counsel).
discussed Cited as authority (rule) United States v. Akbar
C.A.A.F. · 2015 · signal: cf. · confidence medium
Cf. Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986) (noting that trial counsel need not interview a witness if the account is fairly known to counsel).
discussed Cited as authority (rule) Frank v. Yates
E.D. Cal. · 2012 · confidence medium
See United States v. Berry, 814 F.2d 1406, 1409 (9th Cir.1987) (holding that where defendant did not indicate what witness would have testified to and how such testimony would have changed the outcome of the trial, there can be no ineffective assistance of counsel); Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986) (When the defendant fails to establish what additional information would be gained by the discovery she or he now claims was necessary, an ineffective assistance claim fails).
discussed Cited as authority (rule) Michael Madayag v. Michael Evans
9th Cir. · 2011 · confidence medium
See Strickland v. Washington, 466 U.S. 668, 690 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (holding that trial counsel’s informed strategic choices “are virtually unchallengeable.”); Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986) (holding that trial counsel not required to interview witness where the potential witness’ versions of events are fairly known to counsel).
cited Cited as authority (rule) Rodriguez v. Adams
N.D. Cal. · 2011 · confidence medium
Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986).
discussed Cited as authority (rule) United States v. Kenneth Gooch
9th Cir. · 2011 · confidence medium
But “[a] claim of failure to interview a witness ... cannot establish ineffective assistance when the person’s account is otherwise fairly known to defense counsel.” Bragg v. Galaza, 242 F.3d 1082, 1088 (9th Cir.2001) (citing Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986)).
discussed Cited as authority (rule) Tony Kwak v. Clayton Frank
9th Cir. · 2010 · confidence medium
“A claim of failure to interview a witness may sound impressive in the abstract, but it cannot establish ineffective assistance when the person’s account is otherwise fairly known to defense counsel.” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986) (citation omitted).
discussed Cited as authority (rule) Ratliff v. Hedgepeth
C.D. Cal. · 2010 · confidence medium
Moreover, “ ‘ineffective assistance claims based on a duty to investigate must be considered in light of the strength of the government’s case.’ ” Bragg v. Galaza, 242 F.3d 1082, 1088 (9th Cir.2001) (citation omitted), as amended, 253 F.3d 1150 (9th Cir.2001); Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986).
cited Cited as authority (rule) Samayoa v. Ayers
S.D. Cal. · 2009 · confidence medium
The Ninth Circuit has held that “ineffective assistance claims ... must be considered in light of the strength of the government’s case.” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986).
discussed Cited as authority (rule) Jones v. Schriro (2×) also: Cited "see, e.g."
D. Ariz. · 2006 · confidence medium
This is especially so where a witness’s account is “otherwise fairly known to defense counsel.” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986) (internal quotation marks omitted).
discussed Cited as authority (rule) Hornback v. McCormick
9th Cir. · 2005 · confidence medium
Here, Hornback assured the trial judge that he was satisfied with his attorney’s representation and that he “knowingly and voluntarily entered his plea.” Eggleston v. United States, 798 F.2d 374, 377 (9th Cir.1986).
discussed Cited as authority (rule) Whiteley v. Idaho
9th Cir. · 2005 · confidence medium
Although counsel has a duty to investigate and prepare an adequate defense, we have held that “[t]he fact that trial counsel did not personally interview each witness does not constitute ineffective assistance,” LaGrand v. Stewart, 133 F.3d 1253, 1274 (9th Cir.1998), especially where a witness’s account is “otherwise fairly known to defense counsel.” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986) (internal quotation marks omitted).
discussed Cited as authority (rule) Villagrana v. Gomez (2×)
9th Cir. · 2005 · confidence medium
Although “ineffective assistance claims based on a duty to investigate must be considered in light of the strength of the [State]’s case[,]” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986), Villagrana is unable to establish that there is a reasonable probability that but for the failure to investigate and present the three witnesses, the result of the trial would have been different.
discussed Cited as authority (rule) In Re Davis (2×) also: Cited "see, e.g."
Wash. · 2004 · confidence medium
Such a complete lack of pretrial preparation puts at risk both the defendant's right to an "`ample opportunity to meet the case of the prosecution'" and the reliability of the adversarial testing process.") (citations omitted). [227] Morrison, 477 U.S. at 384 , 106 S.Ct. 2574 (The adversarial "testing process generally will not function properly unless defense counsel has done some investigation into the prosecution's case and into various defense strategies...."). [228] Bragg v. Galaza, 242 F.3d 1082, 1088 (9th Cir.2001), amended by 253 F.3d 1150 (9th Cir.2001) (quoting Sanders, 21 F.3d at 14…
discussed Cited as authority (rule) In re the Personal Restraint of Davis (2×)
Wash. · 2004 · confidence medium
Bragg, 242 F.3d at 1088 (quoting Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986)).
discussed Cited as authority (rule) McElvain v. Lewis
C.D. Cal. · 2003 · confidence medium
However, “ ‘[a] claim of failure to interview a witness ... cannot establish ineffective assistance when the person’s account is otherwise fairly known to defense counsel.’ ” Bragg v. Galaza, 242 F.3d 1082, 1088 (9th Cir.2001) (citation omitted), as amended 253 F.3d 1150 (9th Cir.2001); Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986).
discussed Cited as authority (rule) Victor Eugene Rios v. Teresa Rocha, Warden (2×)
9th Cir. · 2002 · confidence medium
In evaluating prejudice, we have stated that "ineffective assistance claims based on a duty to investigate must be considered in light of the strength of the government's case." Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986). 36 Here, although the State did introduce the testimony of five eyewitnesses, their testimony was both inconsistent and severely impeached.
discussed Cited as authority (rule) United States v. Cervantes
9th Cir. · 2002 · confidence medium
When evaluating whether Cervantes was unfairly prejudiced by Reyes’s deficient performance, we must analyze Reyes’s failure to investigate “in light of the strength of the government’s case,” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986), and ask whether “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different,” Strickland, 466 U.S. at 694 ; see also Johnson, 114 F.3d at 838 (“The State’s case was thus weak.
discussed Cited as authority (rule) William Charles Payton v. Jeanne Woodford, Acting Warden of California State Prison at San Quentin, William Charles Payton v. Jeanne Woodford, Acting Warden of California State Prison at San Quentin
9th Cir. · 2001 · confidence medium
Whether an error actually prejudiced a defendant is weighed against the "totality of evidence before the judge or jury." Id. at 695. "[A] verdict or conclusion only weakly supported by the record is more likely to have been affected by errors than one with overwhelming record support." Id. at 696. 48 Finally, Payton's "ineffective assistance claims based on a duty to investigate must be considered in light of the strength of the government's case." Bragg v. Galaza , 242 F.3d 1082, 1088 (9th Cir. 2001) (quoting Eggleston v. United States, 798 F.2d 374, 376 (9th Cir. 1986)).
discussed Cited as authority (rule) Payton v. Woodford
9th Cir. · 2001 · confidence medium
Finally, Payton’s “ineffective assistance claims based on a duty to investigate must be considered in light of the strength of the government’s case.” Bragg v. Galaza, 242 F.3d 1082, 1088 (9th Cir.2001) (quoting Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986)).
discussed Cited as authority (rule) Andre Marcus Bragg v. Warden Galaza
9th Cir. · 2001 · confidence medium
“A claim of failure to interview a witness ... cannot establish ineffective assistance when the person’s account is otherwise fairly known to defense counsel.” Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986) (citations and quotations omitted).
discussed Cited as authority (rule) Brian Keith Lord,petitioner-Appellee v. Tana Wood, Superintendent, Brian Keith Lord v. Tana Wood, Superintendent
9th Cir. · 1999 · confidence medium
Counsel is not obligated to interview every witness personally in order to be adjudged to have performed effectively, see LaGrand v. Stewart, 133 F.3d 1253, 1274 (9th Cir.1998), cert. denied, - U.S. -, 119 S.Ct. 422 , 142 L.Ed.2d 343 (1998); Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986).
discussed Cited as authority (rule) Hart v. Gomez
9th Cir. · 1999 · confidence medium
In Eggleston v. United States, 798 F.2d 374, 376 (9th Cir.1986), we held that “ineffective assistance claims ... must be considered in light of the strength of the government’s case.” Indeed, we have also held that a defense attorney’s failure to call a relevant witness or introduce relevant evidence is not prejudicial under Strickland , in a case where the evidence against the defendant is “overwhelming.” See, e.g., United States v. Harden, 846 F.2d 1229, 1231 (9th Cir.1988).
Retrieving the full opinion text from the archive…
George EGGLESTON, Plaintiff-Appellant,
v.
UNITED STATES of America, Defendant-Appellee
85-6225.
Court of Appeals for the Ninth Circuit.
Aug 28, 1986.
798 F.2d 374
1986 U.S. App. LEXIS 29094
Hamid R. Toofanian, Law Student, William J. Genego, Los Angeles, Cal., for plaintiff-appellant., Jeffrey Modisett, Los Angeles, Cal., for defendant-appellee.
Anderson, Poole, Thompson.
Cited by 105 opinions  |  Published
J. BLAINE ANDERSON, Circuit Judge:

The defendant, George Eggleston, appeals from denial of a motion pursuant to 28 U.S.C. § 2255. Defendant alleges his plea was involuntarily entered because (1) his appointed attorney failed to prepare for trial (ineffective assistance of counsel), and (2) his attorney threatened to withdraw from the case if defendant did not plead guilty. We affirm.

I. BACKGROUND

On December 16, 1981, a federal grand jury returned a sixty-two count indictment charging defendant with three sophisticated fraud schemes involving elaborate tax shelter structures. In May of the same year, defendant had been prosecuted on a conspiracy charge related to backdating income tax documents for clients. In the previous instance, defendant retained his own counsel; however, for this case attorney Sharenow was appointed. Sharenow had previous experience as Assistant United States Attorney, working in the fraud and special prosecution section.

On March 2, 1982, defendant, pursuant to Sharenow’s recommendation, pled guilty to seven of the counts with an agreement that the government would waive prosecution of the remainder. A review of the record shows that the Rule 11 plea hearing was a lengthy 2Va hour exchange between the parties and the judge. After finding that defendant understood the seven counts and the maximum penalty for each, the district court investigated the factual basis for each charge. A discussion of the[*376] element of intent was held so that defendant would be clear as to its meaning. Throughout the proceedings the court exhibited its insistence upon a knowing and voluntary plea.

Three years later, defendant brought the instant section 2255 motion asking the court to either vacate his plea, vacate his sentence, or reconsider his Rule 35 motion. On April 1, 1985, the district court held an evidentiary hearing expressly limited to issues not raised in this appeal. After a careful review of the files and records, the court concluded that, on the issues defendant now raises, defendant was not entitled to a hearing or to relief because the record conclusively established that the defendant had effective counsel and had voluntarily entered a guilty plea. The defendant appeals.

II. DISCUSSION

Defendant appeals the denial of relief without an evidentiary hearing on the issues of ineffective assistance of counsel and involuntary plea. We have previously noted “[n]o evidentiary hearing is required [pursuant to 28 U.S.C. § 2255], however, if the ‘motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.’ ” United States v. Birtle, 792 F.2d 846, 849 (9th Cir.1986) (quoting 28 U.S.C. § 2255).

A. Ineffective Assistance

In 1984, the Supreme Court adopted a two-part standard for evaluating claims of ineffective assistance of counsel. The Court held that 1) “the defendant- must show that counsel's representation fell below an objective standard of reasonableness,” Strickland v. Washington, 466 U.S. 668, 688, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674, 693 (1984), and 2) “any deficiencies in counsel’s performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution.” Id. at 692, 104 S.Ct. at 2067, 80 L.Ed.2d at 696. See also Hill v. Lockhart, — U.S. —, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985) (reaffirming Strickland and applying it to ineffective assistance claims arising out of guilty pleas). The district court found that the defendant failed to establish both prongs of the test as required. This is a mixed question of law and fact which we review de novo. Strickland, 466 U.S. at 698, 104 S.Ct. at 2070, 80 L.Ed.2d at 700.

Defendant claims Sharenow failed to interview governmental witnesses, to obtain discovery materials and information from the government, and to subpoena defense witnesses. “A claim of failure to interview a witness may sound impressive in the abstract, but it cannot establish ineffective assistance when the person’s account is otherwise fairly known to defense counsel.” United States v. Decoster, 624 F.2d 196, 209 (D.C.Cir.1976) (en banc). The record shows clearly Sharenow was well informed of the facts and circumstances of the case by his discovery methods. Not only did Sharenow have defendant as a source of information, he also had complete access to all of the witness interviews and statements taken by the government, as well as supporting documents and FBI reports. Defendant does not state, either in his brief or at oral argument, what additional information would be gained by the discovery he now claims was necessary.

Moreover, ineffective assistance claims based on a duty to investigate must be considered in light of the strength of the government’s case.

“When, ... the prosecution has an overwhelming case based on documents and the testimony of disinterested witnesses, there is not too much the best defense attorney can do.”

Decoster, 624 F.2d at 210 (quoting United States v. Katz, 425 F.2d 928, 930 (2d Cir. 1970)). In light of the case against defendant known to counsel through discovery, counsel’s advice that defendant plead guilty to lesser charges seems to be advice of strategy. We conclude that defendant has failed in the burden of showing that Sharenow’s representation fell below an objective standard of reasonableness. Since we find that Sharenow adequately repre[*377] sented the defendant, we need not address whether defendant met the requirement of showing prejudice. Strickland, 466 U.S. at 698-99, 104 S.Ct. at 2070-71. See also Hill, — U.S. at —, 106 S.Ct. at 369, 88 L.Ed.2d at 209.

B. Involuntariness

Defendant claims his plea of guilty was involuntarily entered because, he alleges, Sharenow threatened to withdraw from the case unless the defendant pled guilty. We hold that defendant’s allegation is frivolous for these reasons. First, the defendant does not support the allegation in the record, and Sharenow did in fact represent the defendant in the proceedings. Second, the court took utmost care in the plea hearing to ensure that the defendant knowingly and voluntarily entered his plea. The record shows the court gave the defendant every opportunity to plead not guilty, even recessing at one time so defendant could have time to consider his plea. More importantly, the record clearly discloses that had the court had any reservations about the defendant’s understanding of the nature of the charge, the maximum possible penalty, and the factual basis of the charge, the plea of guilty would not have been accepted by the court, and the case would have proceeded to trial. Finally, defendant is an educated and sophisticated businessman with prior experience in criminal court proceedings. His inference that he thought he would be left without legal representation if Sharenow withdrew is incredible. This is especially so in light of the fact that another attorney, apparently a friend of defendant’s, was advising him during the time of the plea. It is obvious to us that defendant’s plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant. North Carolina v. Alford, 400 U.S. 25, 31, 91 S.Ct. 160, 164, 27 L.Ed.2d 162 (1970).

Accordingly, the district court is

AFFIRMED.