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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