1. Whether the Executive had the authority to issue the regulations under which the Morgovskys were convicted; if so, whether those regulations and the AECA violate the separation of powers doctrine, and whether the "intelligible principle" test is the correct analysis to apply in answering this question.

2. Whether a failure to raise a challenge under Federal Rule of Criminal Procedure 12(b)(3) constitutes forfeiture, and is subject to plain error review, or waiver, and not subject to any review absent a showing of good cause. See United States v. Guerrero, 921 F.3d 895, 897 (9th Cir. 2019) (recognizing a split).

3. Whether despite Class v. United States, 138 S. Ct. 798, 805 (2018), a general appellate waiver can bar a challenge to the statute of conviction where that challenge implicates the court's constitutional power to impose judgment.

Whether the Executive had the authority to issue the regulations under the Arms Export Control Act, and whether those regulations and the Act violate the separation of powers doctrine