What is the test for ineffective counsel to plead guilty to a charge of sexual assault?

Here, Shannon provided a sufficient factual basis for his plea when in open court he: (1) acknowledged he had read the factual statements in his plea agreement and that he agreed with those statements; (2) related the facts underlying each count in his own words; and (3) listened to the prosecution recite the facts supporting each element of the charges and then adopted those statements as his own. See Rivera-Ramirez, 715 F.2d at 458. Accordingly, counsel was not ineffective for agreeing that there was an adequate factual basis to support the guilty plea. See Cuffle v. Goldsmith, 906 F.2d 385, 388 (9th Cir.1990) (attorney cannot be found to have acted unreasonably by failing to act on a claim that is clearly refuted by the record).

III. Other Claims

Shannon also contends that the district court had no jurisdiction to accept his plea with regards to counts eight and nine. Shannon's allegations to support this claim, however, consist entirely of challenges to the sufficiency of the evidence. Accordingly we deem the issue waived. See United States v. Mathews, 833 F.2d 161, 164 (9th Cir.1987) (by pleading guilty, defendant admits all averments of fact in the indictment including those that form the predicate for federal jurisdiction).