United States v. Melvin Martinez-Lopez

BYBEE, Circuit Judge,

concurring in part and dissenting in part, but frustrated with the whole endeavor:

In Mathis, the Supreme Court promised that “[the] threshold inquiry—elements or means?—is easy in this case, as it will be in many others.” Mathis v. United States, — U.S. —, 136 S.Ct. 2243, 2256, 195 L.Ed.2d 604 (2016); see also Descamps v. United States, — U.S. —, 133 S.Ct. 2276, 2285 n.2, 186 L.Ed.2d 438 (2013) (“[I]f the dissent’s real point is that distinguishing between ‘alternative elements’ and ‘alternative means’ is difficult, we can see no real-world reason to worry.”). Six years…