Does the modified categorical test apply to determine a defendant's age at the time of the crime?

^8. In discussing its purported discretion to choose a standard of review, the majority notes that defense counsel stated on the record that his client was 26 years old and his girlfriend was under the age of 15 at the time of the offense. Maj. Op. at 427. As the majority recognizes, statements or admissions by the defendants' counsel at the sentencing hearing are not judicially noticeable and can not establish elements of a crime for the purposes of the modified categorical test. Maj. Op. at 432 (citing United States v. RodriguezGuzman, 506 F.3d 738, 747 n. 9 (9th Cir.2007)).