United States v. Villegas-Hernandez, __ F.3d __, 2006 WL 3072558 (5th Cir. Oct. 31, 2006) (in determining whether offense trigger ground of removal, no reference may be made to the facts alleged in an indictment or information; analysis is limited to the set of statutory elements of which the noncitizen was found guilty), following United States v. Calderon-Pena, 383 F.3d 254 (5th Cir. 2004).

http://caselaw.lp.findlaw.com/data2/circs/5th/0540988cr0p.pdf