United States v. Almazan-Becerra, 456 F.3d 949 (9th Cir. August 1, 2006) ("If the government on remand continues to assert that the police reports, which Almazan-Becerra's counsel stipulated constituted a factual basis for his disjunctive plea, support application of the enhancement, the district court will need to determine whether this case can be distinguished from United States v. Shepard.").
http://caselaw.lp.findlaw.com/data2/circs/9th/0510056p.pdf

Note: United States v. Almazan-Becerra, ___ F.3d ___, 2007 WL 926486 (9th Cir. March 29, 2007) (making minor changes to prior opinion regarding Booker issues - new opinion otherwise the same as prior), prior opinion cited at 456 F.3d 949 (9th Cir. Aug. 1, 2006) is hereby withdrawn.