The California Supreme Court held that the sentencing court was precluded from sentencing the defendant on the basis of conduct covered in dismissed counts. People v. Harvey (1979) 25 Cal.3d 754. Trial courts therefore accept Harvey waivers from defendants, as part of plea bargains, to allow the court to sentence and impose restitution orders on the basis of conduct covered in dismissed counts. Therefore, the defendant can plead to a single count of a fraud offense, involving an actual loss of $10,000 or less, and obtain dismissal of all other fraud counts, and the court can order restitution for all fraud conduct including conduct covered in dismissed counts, without creating a fraud offense aggravated felony. This is because to constitute a fraud aggravated felony, the loss to the victim(s) from the offense of conviction alone must exceed $10,000. Any loss not caused by the count of conviction, but merely from conduct covered in dismissed counts, does not count for this purpose.