Obasohan v. U.S. Attorney General, ___ F.3d ___, 2007 WL 548359 (11th Cir. Feb. 23, 2007)(federal conviction of conspiracy to produce, use and traffic in counterfeit access devices, in violation of 18 U.S.C. 1029(b)(2), with a $37,000 restitution order for uncharged conduct, did not constitute an aggravated felony fraud offense, under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i), for purposes of removal, on the basis of the record of the offense of conviction: "In this case, the elements of the conspiracy with which Obasohan was charged did not require that any loss amount be proved. Neither the indictment nor the plea agreement specified any loss amount. Indeed, Obasohan was not charged with any loss, and did not admit to any loss by pleading guilty as charged. Moreover, there was no loss attributable to the only overt acts charged in the indictment, to which Obasohan admitted by pleading guilty. Contrary to the IJ's conclusion on remand, there was no evidence that the conspiracy with which Obasohan was charged "alleged other losses." (emphasis added). In fact, the prosecutor indicated that there was no loss charged at the plea colloquy. The IJ therefore could not have relied on the statutory elements of the offense, the indictment, the plea or the plea colloquy to conclude that Obasohan was convicted of an aggravated felony, as defined in the INA.").