The Ninth Circuit has held that a conviction for conspiracy to export defense articles without a license in violation of 18 U.S.C. § 371 and 22 U.S.C. § 2778, is not a categorical match the definition of a firearms trafficking aggravated felony. The Court found that 22 U.S.C. § 2778 criminalizes unlicensed export of a broad range of “munitions,” such as “underwater hardware,” and thus, does not meet the definition of the aggravated felony, which is limited to “any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.” The Court also determined that the statute was indivisible, and thus, could never qualify as an aggravated felony.
The full text of US v. Ochoa can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/07/03/15-10354.pdf