See United States v. McCoy, 58 F.4th 72, 74 (2d Cir. 2023); Gelzer v. United States, 2023 WL 4405668, at *3-4 (E.D.N.Y. July 7, 2023). Finally, Defendant pleaded guilty in the instant case to five separate counts of bank robbery in violation of 18 U.S.C. ยง 2113(a), which constitutes a crime of violence.
The parties agree that the statute is divisible into two clauses: the basic version of crime (before the semicolon) and an aggravated version of the crime (after the semicolon). See United States v. Thomas, No. 14-96, 2021 WL 1264172, at *1-2 (E.D. Pa. Apr. 6, 2021) (McHugh, J.) (citing United States v. Bryant, 949 F.3d 168, 174 (4th Cir. 2020)); Gelzer v. United States, No. 16-6406, 2023 WL 4405668, at *3 (E.D.N.Y. July 7, 2023). The Court may thus look to the available Shepard documents to determine the specific crime of conviction in Mr. Thomas' case.