Iysheh v. Gonzales, 437 F.3d
613 (7th Cir. Feb. 1, 2006) (federal conviction of "conspiracy
to transport, receive, possess, etc. stolen motor vehicles"
in violation of 18 U.S.C. § 371 and 2313(a), constituted
a fraud aggravated felony, under INA § 101(a)(43)(M)(i), 8
U.S.C. § 1101(a)(43)(M)(i), even though the statute did not
have an element of fraud or deceit, because the record of
conviction establishes fraud, since noncitizen pleaded guilty
to "count one of the superseding indictment," which
describes a conspiracy (1) "to defraud a financial institution
... in violation of [18 U.S.C. § ] 1344"; (2) "to
transport in interstate commerce [stolen] motor vehicles ...
in violation of [18 U.S.C. § ] 2312"; and (3) "to
receive, possess, conceal, store, and sell [stolen] motor
vehicles ... in violation of [18 U.S.C. § ] 2313(a)"
and the plea agreement established a total loss from the conspiracy
in excess of $200,000).

jurisdiction: 
Seventh Circuit

 

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