Magasouba v. Mukasey, No. 07-2298. This petitioner, an “aggravated felon” wants to stay under the CAT. The First question is whether selling pirated CDs is an aggravated felony. The state statute is R.I.G.L. § 11-17-13(c)(1). The BIA looked to 8 U.S.C. § 1101(a)(43)(R). The petitioner says that the federal statute has a loss amount, but the First says he is talking about a different section. Secondly, the First says that an amendment of charges in the state court wasn’t even close to unconstitutional.