that he was married to Colette Fisher at the time of the 1997 incident. (Pl.’s Opp. at 9-10.) As discussed above, the modified categorical approach permits courts to examine a limited set of reliable documents, such as an indictment or plea agreement, to ascertain the specific element that a defendant was convicted of violating when a statute contains multiple, alternative elements. Descamps, 133 S.Ct. at 2285. The Ninth Circuit has held that statements or admissions by an offender may not be used under the modified categorical approach if they me whether a crime is one of ‘domestic violence’ depends on the identity of the victim rather than the elements of the offense.” U.S. v. Skoien, 614 F.3d 638, 642 (7th Cir.2010); see also U.S. v. White, 593 F.3d 1199, 1204-05 (11th Cir.2010) (<HOLDING>); U.S. v. Griffith, 455 F.3d 1339, 1346 (11th
holding that a change of an element of an offense could not be applied retroactively to a crime committed prior to the statutes enactment holding that a domestic relationship must exist as part of the facts giving rise to the predicate offense but it need not be an element of the prior offense holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense holding that an indictment charging one offense during the commission of another crime need not allege the elements of the latter offense holding that a conviction and sentence for a predicate offense that is entered after the commission of the current offense does not qualify as a prior felony within the meaning of the sexual predator statute