9th Cir.;
15-10354

The court of appeals reversed a judgment of conviction. The court held that the defendant's prior conviction for conspiracy to violate the Arms Export Control Act was not a removable offense.

In 1998, Mexican citizen Jose Ochoa pleaded guilty to violating 18 U.S.C. §371, the generic conspiracy statute. The object of the conspiracy was a violation of the Arms Export Control Act, 22 U.S.C. §2778, exporting defense articles without a license. Based on that conviction, Ochoa was found removable and was deported following his release from prison in 2001. After being found in the U.S. in 2014, Ochoa was convicted of illegal reentry.

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