to “two counts of indecent liberties”; the Felony Judgment Findings of Aggravating and Mitigating Factors describe defendant’s “offense” as “indecent liberties student”; and the trial court’s judgment indicates that defendant had been convicted of “indecent liberties with a child,” with an accompanying statutory reference to N.C.G.S. § 14-202.4(A). As a result, the materials contained in the present record that the trial court is authorized to consider pursuant to Shepard simply do not permit a determination that defendant was convicted of committing the offense made punishable by N.C.G.S. § 14-202.1(a)(2) to the exclusion of the offense made punishable by N.C.G.S. § 144202.1(a)(1) or to a generic offense made punishable by N.C.G.S. § 14-202.1. See Vann, 660 F.3d at 773-76 (per curiam) (<HOLDING>). Although this Court has the authority to make
holding that a district court cannot use the psrs factual statements when applying the modified categorical approach holding modified categorical approach unavailable where the statute of conviction was missing an element of the generic definition holding that the defendant did not need to have physically touched the victim in order to be convicted of taking indecent liberties with a child in violation of ncgs  142021a2 holding that an indictment like that returned against defendant in this case did not suffice to permit a court to determine for purposes of the modified categorical approach that the defendant was convicted of the offense made punishable by ncgs  142021a2 holding that application of the modified categorical approach did not establish a covered conviction where the judgment of conviction did not contain the factual basis for the crime