in cases where a prior conviction was based on a guilty plea, a sentencing court may consult the "written plea agreement, transcript of plea colloquy, and any explicit factual finding by the trial judge to which the defendant assented” to determine whether that prior offense is a violent felony. 544 U.S. at 16, 125 S.Ct. 1254. Here, Lynch’s federal PSR contained facts about his attempted burglary conviction that were derived from the state PSR prepared at the time of his guilty plea to that offense. While our disposition of the issue involving attempted burglary does not require us to decide whether the district court may consider such facts, we do note that this Court’s jurisprudence in this area is not particularly clear. See United States v. Brown, 52 F.3d 415, 425 (2d Cir.1995) (<HOLDING>); United States v. Palmer, 68 F.3d 52, 59 (2d
holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime holding that the record did not establish that a prior conviction was for a sexual act for purposes of the 18 usc  2241c sentence enhancement but remarking that a transcript of etimanis plea of nocontest might have clarified the exact nature of his prior conviction but none was provided holding that remand for resentencing is appropriate when sentence for reversed conviction appears to have influenced trial courts sentence for the affirmed conviction holding that in determining whether a prior conviction is a violent felony a court generally must look only to the fact of conviction and the statutory definition of the prior offense holding district courts use of state psr from different prior conviction permissible to establish fact of pri or conviction considered for acca sentence enhancement