James v. Mukasey, 522 F.3d 250 (2d Cir. Mar. 25, 2008) ("We reminded the District Court that "[f]actual matters considered as a basis for sentence must have some minimal indicium of reliability beyond mere allegation," and that "an indictment is not meant to serve an evidentiary function. Its primary purpose is to acquaint the defendant with the specific crime with which he is charged...." Id. at 701 (internal quotations marks omitted) (alteration in original). In this case, the IJ and BIA relied upon a factual allegation in the charging instrument -- that James had sexual intercourse with a sixteen-year-old when he was twenty-two -- to conclude that James was convicted of sexual abuse of a minor. But this factual allegation was not "actually and necessarily pleaded" to in order to establish the elements of endangering the welfare of a child.").