Morales v. Gonzales, 472 F.3d 689 (9th Cir. Jan. 3, 2007) (agreement to allow state appellate court to assume the truth of the States evidence for the purpose of defendants challenge to the sufficiently of the evidence on appeal is not an admission of facts sufficient to determine the nature of a conviction for immigration purposes, since [N]o factual findings are actually made, and no admissions are entered into by the defendant. Instead, for the sole purpose of determining the sufficiency of the evidence, the evidence is presumed true. . . . This is far different from relying on a charging document read in conjunction with a valid plea agreement, where a defendant admits the alleged facts in a way that is binding for the purposes of conviction and subsequent proceedings. See Lara-Chacon v. Ashcroft, 345 F.3d 1148, 1152 (9th Cir.2003).).