United States v. Mohan S. Grewal, 825 F.2d 220 (9th Cir. 1987). · Go Syfert
United States v. Mohan S. Grewal, 825 F.2d 220 (9th Cir. 1987). Cases Citing This Book View Copy Cite
102 citation events (6 in the last 25 years) across 11 distinct courts.
Strongest positive: Felts v. United States (casd, 2024-09-19)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Felts v. United States
S.D. Cal. · 2024 · confidence medium
However, a challenge 26 based upon a violation of Rule 11 may be brought under section 2255 if “the violation 27 amounted to a jurisdictional or constitutional error or that the violation resulted in a 28 1 complete miscarriage of justice or in a proceeding inconsistent with the demands of fair 2 procedure.” United States v. Grewal, 825 F.2d 220, 222 (9th Cir. 1987). 3 Petitioner argues the Court’s questions as to whether he violated each element of the 4 crime were constitutionally inadequate because they prevented the record from 5 demonstrating Petitioner was pleading guilty to a crim…
discussed Cited as authority (rule) United States v. Sibblies
D.D.C. · 2008 · confidence medium
July 11, 2005) (citing United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987) (internal quotations omitted)); see also United States v. Ross, 147 Fed.Appx. 936, 940 (11th Cir.2005) (“There is a strong presumption that [a defendant’s] acknowledgment of his understanding and his statements as to his communications with the attorney[] are true.”).
discussed Cited as authority (rule) United States v. Boniface
9th Cir. · 2001 · confidence medium
In a § 2255 proceeding, Boniface “must establish that the [Rule 11] violation amounted to a jurisdictional or constitutional error or that the violation resulted in a complete miscarriage of justice or in a proceeding inconsistent with the demands of fair procedure.” United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987) (citations omitted).
discussed Cited as authority (rule) United States v. Holman
9th Cir. · 2001 · confidence medium
Were this Court to reach the merits of this contention, however, we would affirm the district court’s order because Holman fails to establish, or even assert for that matter, that the error, if any, amounted “to a jurisdictional or constitutional error or ... resulted in a complete miscarriage of justice or in a proceeding inconsistent with the demands of fair procedure ... or that he was prejudiced in that he was unaware of the consequences of his plea, and if properly advised would not have pleaded guilty.” United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987) (laying out standard …
examined Cited as authority (rule) United States v. Ridge Harvey Dawson (4×)
9th Cir. · 1999 · confidence medium
Nonetheless, to successfully challenge his 1977 guilty plea through this section 2255 action, Dawson must “establish that he was prejudiced in that he was unaware of the consequences of his plea, and, if properly advised, would not have pleaded guilty.” United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
discussed Cited as authority (rule) Lee v. State
Nev. · 1999 · signal: cf. · confidence medium
Cf. United States v. Grewal, 825 F.2d 220, 222 (9th Cir. 1987) (there is no constitutional error where a trial court has not informed a defendant on the record of the maximum possible penalty if the defendant otherwise knows the maximum possible penalty).
discussed Cited as authority (rule) United States v. Frank Pate, Jr.
9th Cir. · 1997 · confidence medium
To successfully challenge his guilty plea in a § 2255 motion, Pate must establish that any technical violation of Rule 11 "amounted to a jurisdictional or constitutional error or that the violation resulted in a complete miscarriage of justice or in a proceeding inconsistent with the demands of fair procedure." United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987); see also United States v. Timmreck, 441 U.S. 780, 784 (1979).
discussed Cited as authority (rule) United States of America, Ausencio Lara Acosta
9th Cir. · 1997 · confidence medium
Proc. 11 violation in a section 2255 motion "must establish that the violation amounted to constitutional or jurisdictional error, or that the violation resulted in a complete miscarriage of justice or in a proceeding inconsistent with the demands of fair procedure." United States v. Grewell, 825 F.2d 220, 222 (9th Cir.1987).
discussed Cited as authority (rule) United States v. William Roger Reaves
9th Cir. · 1997 · confidence medium
This contention lacks merit. 4 "For a section 2255 movant to successfully challenge a guilty plea based upon a violation of Rule 11, he must establish that the violation amounted to a jurisdictional or constitutional error or that the violation resulted in a complete miscarriage of justice or in a proceeding inconsistent with the demands of fair procedure." United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987); see also United States v. Jaramillo-Suarez, 857 F.2d 1368 , 1370 n. 2 (9th Cir.1988).
examined Cited as authority (rule) United States v. Lorenz Vilim Karlic (3×) also: Cited "see"
9th Cir. · 1997 · confidence medium
We review de novo the district court's denial of Karlic's motion, Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir.1995), and affirm. 3 * Rule 11 4 Karlic contends that the district court violated Rule 11 by failing to inform him (1) that he could not withdraw his plea if the district court rejected the government's sentencing recommendation; and (2) of the correct mandatory minimum sentence. 5 "For a section 2255 movant to successfully challenge a guilty plea based upon a violation of Rule 11, he must establish that the violation amounted to a jurisdictional or constitutional error or…
discussed Cited as authority (rule) United States v. Jimmy Earl Ennis (2×) also: Cited "see"
9th Cir. · 1996 · confidence medium
United States v. Timmreck, 441 U.S. 780, 783-85 (1979); United States v. Grewal 825 F.2d 220, 222 (9th Cir.1987). 7 During the Rule 11 colloquy, the district court correctly advised Ennis of the mandatory minimum and maximum penalties relating to each of the charges.
discussed Cited as authority (rule) Philip Meyers v. Frank D. Gillis, Superintendent the Attorney General of the State of Pennsylvania the District Attorney of Bucks County (2×)
3rd Cir. · 1996 · confidence medium
This circuit has long recognized that, absent special circumstances, 'there is no constitutional requirement that a trial judge inquire into the factual basis of a plea.' ") (citation omitted), cert. denied, 511 U.S. 1054 , 114 S.Ct. 1614 , 128 L.Ed.2d 341 (1994); Stano v. Dugger, 921 F.2d 1125, 1141 (11th Cir.) (en banc) (Federal Rule of Criminal Procedure 11 is not binding on state courts, and a "reviewing federal court may set aside a state court guilty plea only for failure to satisfy due process."), cert. denied, 502 U.S. 835 , 112 S.Ct. 116 , 116 L.Ed.2d 85 (1991); United States v. Grewa…
discussed Cited as authority (rule) United States v. Rory A. Johnson (2×) also: Cited "see"
9th Cir. · 1996 · confidence medium
United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987). 5 Here, Johnson complains that the district court did not inform him that, to be convicted of bank robbery, he had to have used "force, violence or intimidation" and that he had to have robbed a federally-insured bank.
discussed Cited as authority (rule) United States v. Robert Elizaha Dixon, Aka: Robert E. Dixon
9th Cir. · 1996 · confidence medium
United States v. Timmreck, 441 U.S. 780, 784 (1979); United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987). 7 Here, the record indicates that at the change of plea hearing, the district court informed Dixon of both the consequences of violating supervised release and of the effect on his sentence of his status as a career criminal.
discussed Cited as authority (rule) United States v. Raymond W. Harris
9th Cir. · 1996 · confidence medium
United States v. Timmreck, 441 U.S. 780, 783-85 (1979); United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987). 5 Although Harris' agreement does not explicitly state what type of agreement it is, it appears to contain components of both a type (A) and a type (B) agreement.
discussed Cited as authority (rule) United States v. Oscar Ruiz Sifuentez (2×) also: Cited "see"
9th Cir. · 1996 · confidence medium
"For a section 2255 movant to successfully challenge a guilty plea based upon a violation of Rule 11, he must establish that the violation amounted to a jurisdictional or constitutional error or that the violation resulted in a complete miscarriage of justice or in a proceeding inconsistent with the demands of fair procedure." United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987); United States v. Timmreck, 441 U.S. 780, 783-85 (1979) (technical violations of Rule 11 will not support collateral relief).
discussed Cited as authority (rule) United States v. Matthew Lyons
D.C. Cir. · 1995 · confidence medium
We refuse to exalt form over substance, ... and ignore the defendant’s clear understanding that restitution could be part of his criminal sentence.”); United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
examined Cited as authority (rule) United States v. Ronald A. Williams (4×) also: Cited "see"
9th Cir. · 1995 · confidence medium
Roberts, 5 F.3d at 368 ; United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
discussed Cited as authority (rule) Chris Christoff v. United States
9th Cir. · 1994 · confidence medium
United States v. Timmreck, 441 U.S. 780, 783-85 (1979); United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987). 6 During the change of plea hearing, Christoff admitted that he supervised seven individuals who distributed and sold drugs over a one-year period, he knew that their actions were illegal, and he derived substantial income from their continuing activities.
cited Cited as authority (rule) United States v. Bernard Vincent Montgomery
9th Cir. · 1994 · confidence medium
United States v. Timmreck, 441 U.S. 780, 784-85 (1979); United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Fulvio Desantiago-Martinez (2×)
9th Cir. · 1994 · signal: cf. · confidence medium
Cf. United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987) (defendant presumed to have knowledge of possibility of restitution where record demonstrates that he read, and discussed with his attorney, presentence report which disclosed possibility of restitution).
discussed Cited as authority (rule) David W. Jamison v. Samuel A. Lewis (2×) also: Cited "see"
9th Cir. · 1994 · confidence medium
United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987); United States v. Hamilton, 792 F.2d 837, 839 (9th Cir.1986). 11 Jamison fails to present any specific evidence to support his claim that Midgette was involved in prostitution.
discussed Cited as authority (rule) David Johnson v. Michael J. O'dea, Warden
6th Cir. · 1993 · confidence medium
"These declarations concerning the performance of [Johnson's] counsel were made in open court under oath and thus carry a strong presumption of verity." United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987).
discussed Cited as authority (rule) Bernard D. Bos v. United States
9th Cir. · 1993 · confidence medium
The court did not err in denying Bos relief. "[W]e have repeatedly held that there is no constitutional error where a trial court has not informed the defendant on the record of the maximum possible penalty, if the defendant otherwise knows the maximum possible penalty." United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
cited Cited as authority (rule) Roberto Carrasco-Gutierrez v. United States
9th Cir. · 1993 · confidence medium
We review de novo, United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987), and affirm. 3 Petitioner pleaded guilty to one count of distribution of a controlled substance on September 25, 1990.
discussed Cited as authority (rule) United States v. Richard Lee Mills
9th Cir. · 1993 · confidence medium
Although the district court must consider the factors listed in § 3664(a), the court is not required to make findings of fact, United States v. Cannizzaro, 871 F.2d 809, 811 (9th Cir.), cert. denied, 493 U.S. 895 , 110 S.Ct. 245 , 107 L.Ed.2d 195 (1989), or even to discuss the factors on the record, United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987).
cited Cited as authority (rule) Freddie B. Brown, III v. United States
6th Cir. · 1992 · confidence medium
United States v. Timmreck, 441 U.S. 780, 783-84 (1979); United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
cited Cited as authority (rule) United States v. Efren Pangilinan Sanga
9th Cir. · 1992 · confidence medium
Nonetheless, “it is not required to discuss the [relevant] factors with the defendant on the record.” United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987).
cited Cited as authority (rule) John Robert Demos, Jr. v. David K. Crossland
9th Cir. · 1992 · confidence medium
United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987)
cited Cited as authority (rule) Roberto Rojas v. Larry Boyles
9th Cir. · 1992 · confidence medium
United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987). 13 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
discussed Cited as authority (rule) Jose De La Rosa, AKA Jose Del La Rosa-Rodriguez AKA Jose R. De La Rosa v. United States
9th Cir. · 1992 · confidence medium
See United States v. Timmreck, 441 U.S. 780, 783-85 (1979); United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987); see also Rodriguez v. Ricketts, 777 F.2d 527, 528 (9th Cir.1985) (due process does not require a court to establish a factual basis for a guilty plea absent special circumstances, such as a defendant's specific protestation of innocence at a plea hearing).
discussed Cited as authority (rule) United States v. Steven Robert Britenbach
9th Cir. · 1992 · confidence medium
See United States v. Timmreck, 441 U.S. 780, 783-85 (1979); United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987); see also Rodriguez v. Ricketts, 777 F.2d 527, 528 (9th Cir.1985) (due process does not require a court to establish a factual basis for a guilty plea absent special circumstances, such as a defendant's specific protestation of innocence at a plea hearing).
discussed Cited as authority (rule) United States v. John M. Mateo, United States of America v. David Allen Nichols
9th Cir. · 1992 · confidence medium
United States v. Christoffel, No. 90-10405, slip op. at 16620-21 (9th Cir. Dec. 19, 1991); United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987). 7 Nevertheless, the pre-sentence report and the district court did correctly calculate the size and capability of the defendants' drug laboratory by considering the precursor chemicals seized.
cited Cited as authority (rule) Orlando Michael Sample v. United States
9th Cir. · 1991 · confidence medium
See United States v. Timmreck, 441 U.S. 780, 783-85 (1979); United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
cited Cited as authority (rule) James Durward Harper, Jr. v. United States
9th Cir. · 1991 · confidence medium
United States v. Timmreck, 441 U.S. 780, 783-85 (1979); United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Michael Carl Visman
9th Cir. · 1990 · confidence medium
We held that “[w]e need not decide this issue, however, because it does not appear that [the defendant] presented it to the court below.” Id. (citing United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987)).
cited Cited as authority (rule) United States v. Karl Keller
9th Cir. · 1990 · confidence medium
United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Hernando Rodriguez
9th Cir. · 1989 · confidence medium
To succeed in his § 2255 petition, Rodriguez must show that the district court's error amounted to a "jurisdictional or constitutional error or that the violation resulted in a complete miscarriage of justice or in a proceeding inconsistent with the demands of fair procedure." United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Ronald v. Cloud (2×) also: Cited "see"
9th Cir. · 1989 · confidence medium
United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987) (citing United States v. Whitten, 706 F.2d 1000, 1012 (9th Cir.1983), cert. denied, 465 U.S. 1100 , 104 S.Ct. 1593 , 80 L.Ed.2d 125 (1984)).
cited Cited as authority (rule) Tom S. Roberson v. United States
6th Cir. · 1988 · confidence medium
United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987). 7 Accordingly, the motion for counsel is denied, and the district court's judgment denying the motion to vacate sentence is affirmed.
cited Cited as authority (rule) United States v. Fabio Jaramillo-Suarez
9th Cir. · 1988 · confidence medium
United States v. Timmreck, 441 U.S. at 783-84 , 99 S.Ct. at 2087 ; United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Gary Corn (2×) also: Cited "see, e.g."
5th Cir. · 1988 · confidence medium
United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987); United States v. Mischler, 787 F.2d 240, 244 (7th Cir.1986); United States v. Woods, 775 F.2d 82, 85-87 (3d Cir.1985). .
cited Cited "see" United States v. Thomas
D.D.C. · 2014 · signal: see · confidence high
See United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987) (“[A]ny claim of ineffective assistance of counsel is contradicted by [movant’s] own declarations made under oath and on the record....
discussed Cited "see" United States v. Bill Gaede
9th Cir. · 1998 · signal: see · confidence high
See United States v. Grewell, 825 F.2d 220, 222 (9th Cir.1987) 2 To the extent that Gaede claims there was a breach of the plea agreement because the government was required to return property to him, because the terms of the plea agreement do not require the government to return property to Gaede, the government did not breach the plea agreement.
discussed Cited "see" United States v. Adan Zermeno Dominguez
9th Cir. · 1997 · signal: see · confidence high
See id. 4 "For a section 2255 movant to successfully challenge a guilty plea based upon a violation of Rule 11, he must establish that the violation amounted to a jurisdictional or constitutional error or that the violation resulted in a complete miscarriage of justice or in a proceeding inconsistent with the demands of fair procedure." United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
discussed Cited "see" United States v. John L. Calvert (2×)
9th Cir. · 1997 · signal: see · confidence high
See United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987). 5 Our review of the record reveals that the district court not only advised Calvert of the charge to which he was pleading, it also ascertained that Calvert understood the consequences of his plea.
cited Cited "see" United States v. Rick Lee Archer
9th Cir. · 1996 · signal: see · confidence high
See U.S. v. Grewal, 825 F.2d 220, 223 (9th Cir.1987). 10 The defendant's sworn testimony at his Rule 11 hearing supports the district court's finding that Archer's plea was free and voluntary.
cited Cited "see" United States v. Felipe Vasquez-Navarro
9th Cir. · 1996 · signal: see · confidence high
See United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987).
cited Cited "see" James Willie Smith v. Talmadge Barnett Attorney General of North Carolina
4th Cir. · 1992 · signal: see · confidence high
See United States v. Grewal, 825 F.2d 220, 222 (9th Cir. 1987). 6 We find Smith's other contentions to be without merit.
discussed Cited "see" Donald Wayne Foster v. Dewey Sowders, Warden
6th Cir. · 1991 · signal: see · confidence high
See United States v. Grewal, 825 F.2d 220, 222-23 (9th Cir.1987); Bartley v. Loyall, 648 S.W.2d 873, 876 (Ky.App.1982). 10 Moreover, even if a constitutional error is assumed, the district court correctly found that any such error would be harmless beyond a reasonable doubt.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Mohan S. GREWAL, Defendant-Appellant
86-5519.
Court of Appeals for the Ninth Circuit.
Aug 17, 1987.
825 F.2d 220
Frank DiSabatino, Van Nuys, Cal., and Mohan Grewal, Boron, Cal., for defendant-appellant., Craig DeRoy and Stephen G. Wolfe, Los Angeles, Cal., for plaintiff-appellee.
Nelson, Hall, Thompson.
Cited by 64 opinions  |  Published
CYNTHIA HOLCOMB HALL, Circuit Judge:

Mohan S. Grewal (Grewal) appeals the district court’s denial, without an evidentia-ry hearing, of his 28 U.S.C. § 2255 (section 2255) motion to vacate his sentence. We affirm.

I

On September 4, 1984, a twelve-count indictment was filed in the United States District Court for the Northern District of Illinois charging Grewal with mail fraud, in violation of 18 U.S.C. § 1341, and transportation of stolen money and securities, in violation of 18 U.S.C. § 2314. Count one of the indictment alleged a scheme by Grewal to defraud potential and existing clients by using false representations. Counts two and seven of the indictment alleged specific instances in which Grewal used the mails to advance his scheme.

On October 19, 1984, the United States District Court for the Central District of California filed Grewal’s consent to transfer the case from Illinois for the purpose of plea and sentence. The court held a plea hearing on November 5,1984, during which Grewal, pursuant to a plea bargain, pleaded guilty to counts two and seven of the indictment.

The court held a sentencing hearing on December 6, 1984. At this hearing, the court became concerned with the factual basis for the pleas and Grewal’s willingness to proceed with the pleas. The court granted a continuance until the next day for the government to obtain further information from Illinois about the case. The hearing resumed on December 7, 1984. The government furnished further information providing a factual basis for the pleas. In spite of this information, the court offered Grewal the opportunity to withdraw his pleas. Grewal, through his attorney, persisted in the pleas. The court sentenced Grewal to three years imprisonment on count two and ordered him to pay $5,000 restitution pursuant to 18 U.S.C. § 3579. The court sentenced Grewal to five years probation on count seven to run consecutively to the sentence on count two and ordered Grewal to pay $5,500 restitution pursuant to 18 U.S.C. § 3651 as a condition of probation. The court dismissed the remaining counts of the indictment upon the government’s motion.

On October 16, 1985, Grewal filed the section 2255 motion that is the basis for this appeal. The district court denied the motion on December 30, 1985. Grewal timely appeals.

[*222] II

In his section 2255 motion, Grewal claims that his guilty pleas were taken in violation of Fed.R.Crim.P. 11 (Rule 11) because the district court did not inform him that he could be ordered to pay restitution. Gre-wal seeks to withdraw his guilty pleas. We review a district court’s denial of a section 2255 motion de novo. United States v. Quan, 789 F.2d 711, 713 (9th Cir.), cert. dismissed, — U.S. -, 107 S.Ct. 16, 92 L.Ed.2d 770 (1986).

For a section 2255 movant to successfully challenge a guilty plea based upon a violation of Rule 11, he must establish that the violation amounted to a jurisdictional or constitutional error or that the violation resulted in a complete miscarriage of justice or in a proceeding inconsistent with the demands of fair procedure. United States v. Timmreck, 441 U.S. 780, 783— 84, 99 S.Ct. 2085, 2087, 60 L.Ed.2d 634 (1979); United States v. Rivera-Ramirez, 715 F.2d 453, 456 (9th Cir.1983), cert. denied, 467 U.S. 1215, 104 S.Ct. 2657, 81 L.Ed.2d 364 (1984). He must also establish that he was prejudiced in that he was unaware of the consequences of his plea, and, if properly advised, would not have pleaded guilty. Timmreck, 441 U.S. at 784, 99 S.Ct. at 2087; Rivera-Ramirez, 715 F.2d at 456.

When Grewal entered his plea, Rule 11(c)(1) required the court to inform the defendant of the “maximum possible penalty”, without further specificity. Fed.R. Crim.P. 11(c)(1) (1982). The 1985 amendment to Rule 11(c)(1) explicitly requires the district court to inform the defendant of the possibility of a restitution order. See Fed.R.Crim.P. 11(c)(1) (1986), advisory committee note. On November 5, 1984, when Grewal pleaded guilty, he was not advised of the possibility of restitution.

In the related context of federal habeas review of state criminal convictions, we have repeatedly held that there is no constitutional error where a trial court has not informed the defendant on the record of the maximum possible penalty, if the defendant otherwise knows the maximum possible penalty. See, e.g., Carter v. McCarthy, 806 F.2d 1373, 1375-76 (9th Cir.1986), ce rt. denied, — U.S. —, 108 S.Ct. 198 (1987); Quiroz v. Wawrzaszek, 749 F.2d 1375, 1378 (9th Cir.1984), cert. denied, 471 U.S. 1055, 105 S.Ct. 2119, 85 L.Ed.2d 483 (1985). The record in this case shows that, while Grewal was not informed of the possibility of restitution at his plea hearing, he was aware of it prior to his sentencing, was given the opportunity to withdraw his pleas, and yet persisted in pleading guilty.

Grewal received the presentence investigation report (PSI) by December 6, 1984, the first day of his sentencing hearing; the PSI recommended that the court impose restitution as a penalty. Grewal stated on the record that he had read the PSI. Grewal also stated that he had discussed the PSI with his attorney. Later, on December 7, 1984, the second day of the sentencing hearing, the court gave Grewal the opportunity to withdraw his guilty pleas. Grewal, through his attorney, persisted in the pleas, despite the fact that he then knew that restitution was a possible penalty. Moreover, Grewal himself addressed the court before sentence was imposed, stating that “all I can say is that I pray that you will give me an opportunity to make up the losses for the investors.” The record demonstrates not only that Gre-wal was aware of the possibility of restitution when he reaffirmed his guilty pleas but also that he was eager to make restitution. When viewed against the record, Grewal’s claim that he was unaware of the possibility of restitution and would not have pleaded guilty had he known is so patently incredible that summary dismissal without an evidentiary hearing was proper. Marrow v. United States, 772 F.2d 525, 526 (9th Cir.1985).

Ill

Grewal also attacks his conviction on the ground that he was denied effective assistance of counsel. He contends that his attorney failed to investigate the lack of intent and good faith defenses to mail fraud. This claim fails because Grewal[*223] does not allege that he informed his defense attorney or that his defense attorney knew of any facts that would have required a reasonably competent attorney to investigate the lack of intent or good faith defenses. See Strickland v. Washington, 466 U.S. 668, 688, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674 (1984). Moreover, any claim of ineffective assistance of counsel is contradicted by Grewal’s own declarations made under oath and on the record. Grewal stated that he had had sufficient time to discuss the case with his attorney, that he was satisfied that his attorney had fully considered any defenses to the charges, and that he was satisfied with the representation and advice of his attorney. These declarations concerning the performance of Grewal’s counsel were made in open court under oath and thus carry a strong presumption of verity. Chua Han Mow v. United States, 730 F.2d 1308, 1311 (9th Cir.1984), cert. denied, 470 U.S. 1031, 105 S.Ct. 1403, 84 L.Ed.2d 790 (1985); Rivera-Ramirez, 715 F.2d at 458. On the record, there was simply no reason to believe that the lack of intent or good faith defenses might apply. Hence, there was no duty for a reasonably competent defense attorney to explore these defenses. See Strickland, 466 U.S. at 688, 104 S.Ct. at 2065.

Grewal also contends that his attorney failed to investigate the strength of the government’s case in order to determine the likelihood of conviction after a trial. We reject this claim as well. In the supplement to his section 2255 motion, Grewal claimed that the main reason he pleaded guilty was that he lacked funds to pay travel and living expenses during a trial in Chicago. This contradicts his allegation that he would not have pleaded guilty had his attorney investigated the strength of the government’s case. See Hill v. Lockhart, 474 U.S. 52, 57-59, 106 S.Ct. 366, 370, 88 L.Ed.2d 203 (1985).

Grewal’s claims of ineffective assistance of counsel, when viewed against the record, are so patently incredible that summary dismissal without an evidentiary hearing was proper. Marrow, 772 F.2d at 526.

IV

Grewal also claims that the district court erred in failing to discuss the appropriate factors for imposing restitution on the record. Our review of the record convinces us that the district court considered all of the factors set forth in 18 U.S.C. § 3580(a). The court is not required to discuss the factors with the defendant on the record. See United States v. Ruffen, 780 F.2d 1493, 1495 (9th Cir.), cert. denied, — U.S. -, 107 S.Ct. 462, 93 L.Ed.2d 407 (1986); United States v. Keith, 754 F.2d 1388, 1393 (9th Cir.), cert. denied, 474 U.S. 829, 106 S.Ct. 93, 88 L.Ed.2d 76 (1985).

V

Finally, Grewal contends that the amount of restitution imposed as a condition of probation exceeds the actual loss suffered by the victim. We will not consider this issue on appeal because Grewal did not raise it at the district court level. See United States v. Hoelker, 765 F.2d 1422, 1425 (9th Cir.1985), cert. denied, — U.S. -, 106 S.Ct. 1219, 89 L.Ed.2d 330 (1986); United States v. Whitten, 706 F.2d 1000, 1012 (9th Cir.1983), cert. denied, 465 U.S. 1100, 104 S.Ct. 1593, 80 L.Ed.2d 125 (1984).

VI

The district court’s summary dismissal, without an evidentiary hearing, of Grewal’s 28 U.S.C. § 2255 motion to vacate his sentence was proper.

AFFIRMED'.