James v. Gonzales, ___ F.3d ___, 2006 WL 2536614 (5th Cir. Sept. 5, 2006) (federal conviction for aiding and abetting bank fraud, in violation of 18 U.S.C. 2, 1344, involved a transaction with a credit union in the amount of $9,500, but the BIA correctly evaluated the loss to the victim in the amount of the court-ordered restitution of $129,066.60, since the indictment charged a scheme to defraud that resulted in this amount of restitution, the plea agreement and indictment did not specify a different loss, and the conviction therefore resulted in a loss to the victim exceeding $10,000, as required to constitute an aggravated felony under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i).), following Khalayleh v. INS, 287 F.3d 978 (10th Cir. 2002).