Khalayleh v. INS, 287 F.3d 978, 980
(10th Cir. Apr. 23, 2002) (federal conviction of bank fraud,
in violation of 18 U.S.C. § 1344(1), constituted conviction
of an offense involving fraud, with a loss to the victim(s)
in excess of $10,000, and was therefore an aggravated felony
for deportation purposes under INA § 101(a)(43)(M)(i), 8 U.S.C.
§ 1101(a)(43)(M)(i), since the count of the indictment to
which a plea was entered alleged a scheme to defraud encompassing
a number of checks indisputably totaling in excess of $10,000;
result might be different if each "count alleged a discrete
fraud involving a single check," "even if a plea
agreement gave the district court authority to order restitution
with respect to all four checks in the indictment, see 18
U.S.C. § 3663(a)(3), perhaps only the check in the count to
which the defendant pleaded could properly be considered in
determining the amount of the loss for purposes of the definition
of aggravated felony.").