The Ninth Circuit evaluated a federal conviction for money laundering conspiracy this week, and determined that the conviction could be an aggravated felony involving fraud with loss to the victim in excess of $10,000. To determine the amount of loss to the victim, it was appropriate to employ the circumstance specific approach and consult the pre-sentencing report. It was not, however, appropriate, to consider the allegations of overt acts in the indictment to calculate the loss to the victim, as overt acts are not required to prove a conspiracy, and thus, the petitioner's conviction did not rest upon those acts.
The full text of Arce-Fuentes v. Lynch can be found here: http://cdn.ca9.uscourts.gov/datastore/opinions/2015/06/10/11-73131.pdf