Knutsen v. Gonzales, 429 F.3d 733 (7th
Cir. Nov. 22, 2005) (federal conviction of bank fraud, in
violation of 18 U.S.C. § 1344, did not constitute aggravated
felony fraud offense under INA § 101(a)(43)(M)(i), 8 U.S.C.
§ 1101(a)(43)(M)(i), since losses stemming from dismissed
second count of two-count bank fraud indictment against noncitizen
could not be added to the losses from the first count, to
which the guilty plea was entered, for purpose of showing
that the loss to the victim exceeded $10,000, as required
for the offense to constitute an aggravated felony, because
neither the first count nor the plea agreement alleged a single
scheme with a loss over $10,000, and stipulations in plea
agreement did not amount to a concession that the total loss
amount of fraudulent scheme exceeded $10,000), distinguishing
Khalayleh v. INS, 287 F.3d 978 (10th Cir. Apr. 23, 2002).