(B)  Stipulation to Other Documents.  Where both parties in the criminal case agree, additional documents might be properly considered in determining the nature of the offense of conviction.[139]

[139] E.g., United States v. Kiang, 175 F.Supp.2d 942, 950-951 (E.D.Mich. 2001) (“The sentencing transcript indicates that both parties concurred in the court’s proffer that it adopt the preliminary examination transcript (hereinafter “transcript”) by reference in order to establish a factual basis for the sentencing proceeding.”).

RECORD OF CONVICTION - POLICE REPORTS
Shepard v. United States, __ U.S. __ (March 07, 2005) (a court sentencing under the Armed Career Criminal Act may not look to police reports or complaint applications to determine whether an earlier guilty plea necessarily admitted, and supported a conviction for, generic burglary).
http://laws.findlaw.com/us/000/03-9168.html      Relying on its sentencing enhancement cases, the First Circuit has refused to bar an immigration factfinder from examining a police report as part of the record of conviction in determining whether a noncitizen has been convicted of an aggravated felony. Emile v. INS, 244 F.3d 183 (1st Cir. 2001) (relying on United States v. Harris, 964 F.2d 1234 (1st Cir. 1994) and United States v. Shepard, 231 F.3d 56 (1st Cir. 2000) to hold that there is no due process problem where factfinder considers police report as part of the record of conviction).  Yesterday's Shepard decision overruled United States v. Harris, 964 F.2d 1234 (1st Cir. 1994) and reversed Shepard.  In light of this development, practitioners may take the position that Emile is no longer good law regarding whether police reports are part of the record of conviction because the Supreme Court has expressly rejected the reasoning on which it relied.      Thanks to Dan Kesselbrenner for this analysis.