Fregozo v. Holder, 576 F.3d 1030 (9th Cir. Aug. 12, 2009) ("a defendants nolo contendere plea pursuant to People v. West, 91 Cal. Rptr. 385 (Cal. 1970), does not establish factual guilt, and therefore, 'unless the record of the plea proceeding reflects that the defendant admitted to facts, a West plea, without more, does not establish the factual predicate to support a determination that the conviction was generic."), citing United States v. Vidal, 504 F.3d 1072, 1089 (9th Cir. 2007) (en banc).