Statutory construction
Mens rea element of state crime is not divisible, as jury need not agree on anything beyond the terms of the law. Modified categorical approach in caselaw of sister circuit does not compel the use of modified categorical approach in the present forum.
Circuit split flagged on the specific holding (Texas assault statute.)
US v. Martin Barcenas-Yanez
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.