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Mathis v. United States
Brief of the National Association of Federal Defenders and the National Association of Criminal Defense Lawyers as Amici Curiae in Support of Petitioner.
Argument: Shepherd documents are not reliable indicators of whether a particular statutory alternative is a "means" or an "element." State law is a reliable and accessible indicator of statutory divisibility. In the rare case where state law is inconclusive, courts must apply a presumption of indivisibility.