Port

MEMORANDUM *

Christopher Port appeals his conviction following a conditional guilty plea to one count of Convicted Felon in Possession of Explosive Materials in violation of 18 U.S.C. § 842 (i)(l). We affirm.

Port’s conditional plea preserved only the issue whether the district court erred by not granting his motions to dismiss the indictment. All other aspects regarding his right to appeal his conviction were waived. For this reason, we are precluded from reviewing any issues outside the scope of Port’s motions to dismiss. See United States v. Vences, 169 F.3d 611, 613 (9th Cir.1999).

To the extent Port argues that he did not actually know that the fireworks he possessed were explosives, this is an issue that goes to sufficiency of the proof rather than sufficiency of the charge and as such, is not properly before us. To the extent he argues that the Government charged the wrong mens rea to the indictment, he is incorrect. The indictment charges that Port knowingly possessed low explosive material in violation of § 842(i)(l), which comports with Staples v. United States, 511 U.S. 600, 618-19 , 114 S.Ct. 1793 , 128 L.Ed.2d 608 (1994), and United States v. Gergen, 172 F.3d…