United States v. Almazan-Becerra, 456 F.3d 949 (9th Cir. August 1, 2006) (police reports stipulated as factual basis for plea do not unequivocally establish plea to deportable offense where plea is in disjunctive: "First, although Almazan-Becerra stipulated that the police reports formed a factual basis to support his plea, the plea was disjunctive. He therefore could have been stipulating that the police reports supported a plea to transporting or offering to sell marijuana. As such, the stipulation does not "unequivocally establish" a factual basis for selling marijuana.").
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- new opinion otherwise the same as prior), prior opinion cited at 456 F.3d 949 (9th Cir. Aug. 1, 2006) is hereby withdrawn.