United States v. Almazan-Becerra, 456 F.3d 949 (9th Cir. August 1, 2006) (police reports stipulated as factual basis for plea are not the functional equivalent of either a plea agreement or plea colloquy, and are therefore not the functional equivalent of either a plea agreement or plea colloquy, unless they "contain either the defendant's own account of the events, or a mutually agreed-upon statement of facts."), distinguishing United States v. Hernandez-Hernandez, 431 F.3d 1212, 1217-19(9th Cir. 2005).
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- new opinion otherwise the same as prior), prior opinion cited at 456 F.3d 949 (9th Cir. Aug. 1, 2006) is hereby withdrawn.