alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JESSE WASHINGTON, No. 2:04-cv-1317-MCE-GGH-P

Plaintiff, 

v. ORDER

J. FANNON, et al.,

Defendants.

 /

On September 27, 2006, Plaintiff filed a Request for

Reconsideration of the Magistrate Judge’s Order filed September

6, 2006, denying Plaintiff’s April 24, 2006 and May 1, 2006

Motions to Compel. Pursuant to E.D. Local Rule 72-303(f), a

magistrate judge’s orders shall be upheld unless “clearly

erroneous or contrary to law.” Upon review of the entire file,

the Court finds that it does not appear that the magistrate

judge’s ruling was clearly erroneous or contrary to law.

///

///

///

Case 2:04-cv-01317-MCE -GGH Document 81 Filed 10/18/06 Page 1 of 2
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

 Therefore, IT IS HEREBY ORDERED that, upon reconsideration,

the Order of the magistrate judge filed September 6, 2006, is

affirmed. 

DATED: October 17, 2006

_____________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

Case 2:04-cv-01317-MCE -GGH Document 81 Filed 10/18/06 Page 2 of 2
# 125

&"Calibri,Bold"&16&KFF0000DRAFT	

&"Arial,Bold"&10Bulletin No. 2024-03	&"Arial,Bold"&10&KFF0000DRAFT&K01+000 VII EDR - &P      	&"Arial,Bold"&10IRC Handout 2/15/24

# 126

&"Calibri,Bold"&16&KFF0000DRAFT	

&"Arial,Bold"&10Bulletin No. 2024-03	&"Arial,Bold"&10&KFF0000DRAFT&K01+000 VII EDR - &P      	&"Arial,Bold"&10IRC Handout 2/15/24

# 127

&"Calibri,Bold"&16&KFF0000DRAFT	

&"Arial,Bold"&10Bulletin No. 2024-03	&"Arial,Bold"&10&KFF0000DRAFT&K01+000 VII EDR - &P      	&"Arial,Bold"&10IRC Handout 2/15/24

# 128

&"Calibri,Bold"&16&KFF0000DRAFT	

&"Arial,Bold"&10Bulletin No. 2024-03	&"Arial,Bold"&10&KFF0000DRAFT&K01+000 VII EDR - &P      	&"Arial,Bold"&10IRC Handout 2/15/24

# 129

&"Calibri,Bold"&16&KFF0000DRAFT	

&"Arial,Bold"&10Bulletin No. 2024-03	&"Arial,Bold"&10&KFF0000DRAFT&K01+000 VII EDR - &P      	&"Arial,Bold"&10IRC Handout 2/15/24

# 130

&"Calibri,Bold"&16&KFF0000DRAFT	

&"Arial,Bold"&10Bulletin No. 2024-03	&"Arial,Bold"&10&KFF0000DRAFT&K01+000 VII EDR - &P      	&"Arial,Bold"&10IRC Handout 2/15/24

# 131

&"Calibri,Bold"&16&KFF0000DRAFT	

&"Arial,Bold"&10Bulletin No. 2024-03	&"Arial,Bold"&10&KFF0000DRAFT&K01+000 VII EDR - &P      	&"Arial,Bold"&10IRC Handout 2/15/24

# 132

&"Calibri,Bold"&16&KFF0000DRAFT	

&"Arial,Bold"&10Bulletin No. 2024-03	&"Arial,Bold"&10&KFF0000DRAFT&K01+000 VII EDR - &P      	&"Arial,Bold"&10IRC Handout 2/15/24

# 216

&"Calibri,Bold"&16&KFF0000DRAFT	

&"Arial,Bold"&10Bulletin No. 2024-03	&"Arial,Bold"&10&KFF0000DRAFT&K01+000 VII EDR - &P      	&"Arial,Bold"&10IRC Handout 2/15/24

# 218

&"Calibri,Bold"&16&KFF0000DRAFT	

&"Arial,Bold"&10Bulletin No. 2024-03	&"Arial,Bold"&10&KFF0000DRAFT&K01+000 VII EDR - &P      	&"Arial,Bold"&10IRC Handout 2/15/24

# 221

&"Calibri,Bold"&16&KFF0000DRAFT	

&"Arial,Bold"&10Bulletin No. 2024-03	&"Arial,Bold"&10&KFF0000DRAFT&K01+000 VII EDR - &P      	&"Arial,Bold"&10IRC Handout 2/15/24
Environmental Quality, Dept ofAgency Number: 34000Agencywide Program Unit SummaryVersion: Z - 01 - Leg. Adopted Budget2011-13 Biennium2011-13 LegAdoptedBudgetSummaryCross ReferenceNumber2011-13AgencyRequestBudget2009-11 LegApprovedBudget2009-11 LegAdoptedBudget2007-09Actuals2011-13Governor'sRec. BudgetCross Reference Description001-00-00-00000Air QualityGeneral Fund9,557,9995,279,0475,909,2658,249,6647,633,0537,768,464Other Funds31,479,70540,029,53441,040,25742,977,67538,514,72238,514,722Federal Funds4,897,1997,247,9638,446,4688,781,4187,447,3957,447,395All Funds45,934,90352,556,54455,395,99060,008,75753,595,17053,730,581002-00-00-00000Water QualityGeneral Fund19,407,89713,207,53016,192,55321,364,98519,126,50019,314,798Lottery Funds5,610,1714,502,1973,133,1535,632,9375,415,7175,426,117Other Funds17,714,77122,264,45023,748,72222,053,40521,165,01421,168,587Federal Funds10,606,01912,116,11212,117,29912,538,37012,049,06612,049,066All Funds53,338,85852,090,28955,191,72761,589,69757,756,29757,958,568003-00-00-00000Land QualityGeneral Fund2,091,894540,805587,7611,925,335967,313995,736Other Funds46,356,87455,715,33156,043,66756,407,86455,581,88855,581,888Federal Funds10,473,86710,412,17010,938,95511,337,45715,408,60415,408,604All Funds58,922,63566,668,30667,570,38369,670,65671,957,80571,986,228004-00-00-00000Agency ManagementOther Funds20,666,41521,815,82521,943,51423,338,01321,249,53421,249,534_____ Agency Request _____ Governor's Recommended _____ Legislatively Adopted2011-13 BienniumPage __________ Agencywide Program Unit Summary - BPR010Environmental Quality, Dept ofAgency Number: 34000Agencywide Program Unit SummaryVersion: Z - 01 - Leg. Adopted Budget2011-13 Biennium2011-13 LegAdoptedBudgetSummaryCross ReferenceNumber2011-13AgencyRequestBudget2009-11 LegApprovedBudget2009-11 LegAdoptedBudget2007-09Actuals2011-13Governor'sRec. BudgetCross Reference Description005-00-00-00000Cross-MediaGeneral Fund674,001666,592699,386742,324658,776658,776Other Funds354,164162,162162,168171,191149,645149,645Federal Funds475,422951,8701,094,9451,127,6601,030,2491,030,249All Funds1,503,5871,780,6241,956,4992,041,1751,838,6701,838,670008-00-00-00000Non-LimitedOther Funds133,527,390109,516,601109,516,601110,225,000174,778,200174,778,200009-00-00-00000PCBF Debt ServiceGeneral Fund4,712,8405,379,5685,573,1805,573,1804,592,3534,592,353Other Funds4,643,29216,388,80116,388,80116,388,80115,492,54815,492,548All Funds9,356,13221,768,36921,961,98121,961,98120,084,90120,084,901TOTAL AGENCYGeneral Fund36,444,63125,073,54228,962,14537,855,48832,977,99533,330,127Lottery Funds5,610,1714,502,1973,133,1535,632,9375,415,7175,426,117Other Funds254,742,611265,892,704268,843,730271,561,949326,931,551326,935,124Federal Funds26,452,50730,728,11532,597,66733,784,90535,935,31435,935,314All Funds323,249,920326,196,558333,536,695348,835,279401,260,577401,626,682_____ Agency Request _____ Governor's Recommended _____ Legislatively Adopted2011-13 BienniumPage __________ Agencywide Program Unit Summary - BPR010
II 

118TH CONGRESS 

2D SESSION S. 4222 

To adjust the boundary of the Mojave National Preserve in the State of 

California to include the land within the Castle Mountains National 

Monument. 

IN THE SENATE OF THE UNITED STATES 

MAY 1, 2024 

Mr. PADILLA introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To adjust the boundary of the Mojave National Preserve 

in the State of California to include the land within 

the Castle Mountains National Monument. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mojave National Pre5 serve Boundary Adjustment Act’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 4222 IS

1 SEC. 2. ADDITION OF CASTLE MOUNTAINS NATIONAL 

2 MONUMENT LAND TO THE MOJAVE NA3 TIONAL PRESERVE, CALIFORNIA. 

4 (a) BOUNDARY ADJUSTMENT.—The boundary of the 

5 Mojave National Preserve established by section 502 of 

6 the California Desert Protection Act of 1994 (16 U.S.C. 

7 410aaa–42) (referred to in this Act as the ‘‘Preserve’’) 

8 is adjusted to include the Federal land described in sub9 section (b). 

10 (b) DESCRIPTION OF FEDERAL LAND.—The Federal 

11 land referred to in subsection (a) is the approximately 

12 20,920 acres of land designated as the Castle Mountains 

13 National Monument by Presidential Proclamation Number 

14 9394, dated February 12, 2016 (54 U.S.C. 320301 note), 

15 as depicted on the map accompanying the proclamation. 

16 (c) AVAILABILITY OF MAP.—The map referred to in 

17 subsection (b) shall be on file and available for public in18 spection in the appropriate offices of the National Park 

19 Service. 

20 (d) ADMINISTRATION.—The Secretary of the Interior 

21 (acting through the Director of the National Park Service) 

22 shall administer the Federal land added to the Preserve 

23 by subsection (a)— 

24 (1) as part of the Preserve; and 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 4222 IS

1 (2) in accordance with applicable laws (includ2 ing regulations). 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JOHNATHAN CONRAD FULLER,

Plaintiff, No. CIV S-04-1276 FCD PAN P

vs.

 CALIFORNIA DEPARTMENT

OF CORRECTIONS, ET AL.,

Defendants. ORDER

 /

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.

On February 2, 2005, the magistrate judge filed findings and recommendations

herein which were served on plaintiff and which contained notice that any objections to the

findings and recommendations were to be filed within twenty days. Plaintiff has not filed

objections to the findings and recommendations.

The court has reviewed the file and finds the findings and recommendations to be

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

ORDERED that:

Case 2:04-cv-01276-FCD-EFB Document 19 Filed 05/23/05 Page 1 of 2
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

2

1. The findings and recommendations filed February 2, 2005, are adopted in full;

and 

2. Claims against A.S. Nostra, the California Department of Corrections and the

California Medical Facility are dismissed without prejudice.

DATED:May 20, 2005

/s/ Frank C. Damrell Jr. 

FRANK C. DAMRELL JR.

United States District Judge

Case 2:04-cv-01276-FCD-EFB Document 19 Filed 05/23/05 Page 2 of 2
Declaration of Trust of Gary D. Alexander





Exhibit 10.1

TRUST AGREEMENT

This Trust Agreement will verify that the following mineral claim is held in Trust by Gary D. Alexander of Palm City, FL, for Greenwood Gold Resources, Inc. (a Nevada Corporation):

	NAME OF CLAIM  	LICENSE NUMBER 	  	PERCENTAGE OF TITLE 	  
	  
	GREENWOOD POND  	014760M 	 	100% 	 
	(comprising 13 claim blocks totaling 325 hectares) 	  	  	  



 

     The above mineral claim is in Central Newfoundland, in the electoral district of Gander, CANADA.

     Signed, Sealed and Delivered this 7th day of April, 2008.

 

     GARY D. ALEXANDER

     Gary D. Alexander



     Signed, Sealed and Delivered by Gary D. Alexander



     In the presence of:

     SANDRA CAMACHO

     Sandra Camacho



     Witness Name



     10550 SW Westlawn Blvd.

     Port St. Lucie, FL 34987

    Address



    Administrator

     Occupation
Exhibit 23.1



                       CONSENT OF INDEPENDENT ACCOUNTANTS



We  hereby  consent  to the  incorporation  by  reference  in  the  Registration
Statements  on Form S-8 (Nos.  33-14194,  33-5814,  33-2092,  2-72936,  2-82780,
2-64255,  33-41598,  33-54293,  33-59051,  333-05225,  333-29135,  33-54400  and
333-39684) of Ionics,  Incorporated  of our report dated March 20, 2002,  except
for the  first  paragraph  of Note 8, as to which  the date is March  28,  2002,
relating to the financial  statements and financial  statement  schedule,  which
appears in this Form 10-K.



PricewaterhouseCoopers LLP
Boston, Massachusetts
March 28, 2002
Docket Number EPA-R09-OAR-2009-0598

Eric C. Massey 

t

o

:

Anita Lee 10/28/2009 05:49 PM

Cc: "Patrick J. Cunningham", "Nancy C. Wrona", "Ira M. Domsky"

History: This message has been forwarded.

Dear Dr. Lee:

Attached to this e-mail the Arizona Department of Environmental Quality's formal comments on EPA's 

advanced notice of proposed rulemaking regarding the visibility impacts of the Navajo Generating Station 

and the Four Corners Power Plant as published in the Federal Register on August 28, 2009 (74 Federal 

Register 44313), docket number EPA-R09-OAR-2009-0598. If you have any questions regarding this 

e-mail transmission, please contact me at (602) 771-2288.

Sincerely,

Eric C. Massey, Manager

Air Quality Compliance Section

Arizona Department of Environmental Quality

e-mail: ecm@azdeq.gov

phone: (602) 771-2288

fax: (602) 771-2299

NOTICE: This e-mail (and any attachments) may contain PRIVILEGED OR CONFIDENTIAL information and is 

intended only for the use of the specific individual(s) to whom it is addressed. It may contain information that is 

privileged and confidential under state and federal law. This information may be used or disclosed only in 

accordance with law, and you may be subject to penalties under law for improper use or further disclosure of the 

information in this e-mail and its attachments. If you have received this e-mail in error, please immediately notify 

the person named above by reply e-mail, and then delete the original e-mail. Thank you.
#### UNITED STATES of America, Appellee, v. Lawrence ELLISON, Defendant-Appellant.

No. 00-1730.

United States Court of Appeals, Second Circuit.

Dec. 22, 2000.

Robert G. Smith, Assistant Federal Defender, Rochester, NY, for defendant.

*26Bret A. Puscheck, Assistant United States Attorney, Western District of New York, Rochester, NY, for government.

Present MESKILL, LEVAL, and CALABRESI, Circuit Judges.

SUMMARY ORDER

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the motion be and it hereby is DENIED.

After a detention hearing, the district court ordered this defendant, previously convicted of sexual abuse of children, detained under 18 U.S.C. § 3142(e), on grounds of both the danger he presented to the community and his risk of flight. In connection with the risk of flight, the court noted the defendant’s “poor record of responding to directions by courts or the Division of Parole,” [10/12/2000 Hearing, at 41, 38-39, 40], his use of drugs, his lack of employment history, the inability of pretrial services to contact his family, and the defendant’s strong motive to flee given the heavy potential sentence he faces. [39, 41.]

We affirm. Section 3142(f)(2) directs that a detention hearing be held if the case involves “a serious risk that [the defendant] will flee.” Subparagraph (e) authorizes a detention order where “no condition or combination of conditions will reasonably assure the appearance of the person as required.” These requirements were clearly satisfied.
Exhibit 32.1

Written Statement of the Chief Executive Officer and Principal Financial Officer Pursuant to 18 U.S.C. 1350

Solely for the purposes of complying with 18 U.S.C. 1350, I, the undersigned Principal Executive Officer and Principal Financial Officer of Jilco
Industries, Inc. (the Company), hereby certify, based on my knowledge, that the Quarterly Report on Form 10-K of the Company for the quarter ended July 31, 2009 (the Report) fully complies with the requirements of
Section 13(a) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: April 8, 2010



|                                                           
|-----------------------------------------------------------
|/s/ Martha Kretzmer                                        
|Martha Kretzmer                                            
|Principal Executive Officer and Principal Financial Officer
|
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4259 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4259

 To require the Secretary of the Interior to conduct a study to assess 
  the suitability and feasibility of designating certain land as the 
        Lahaina National Heritage Area, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2024

  Ms. Hirono introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To require the Secretary of the Interior to conduct a study to assess 
  the suitability and feasibility of designating certain land as the 
        Lahaina National Heritage Area, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lahaina National Heritage Area 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) State.--The term ``State'' means the State of Hawaii.
            (3) Study area.--The term ``study area'' means the census-
        designated place of Lahaina in Maui County in the State.

SEC. 3. LAHAINA NATIONAL HERITAGE AREA STUDY.

    The Secretary, in consultation with State and local historic 
preservation officers, State and local historical societies, State and 
local tourism offices, and other appropriate organizations and 
governmental agencies, shall carry out, in accordance with section 
120103(a) of title 54, United States Code, a study to assess the 
suitability and feasibility of designating the study area as a National 
Heritage Area, to be known as the ``Lahaina National Heritage Area''.
                                 <all>
```
Exhibit 13.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with the Annual Report of Israel Bank of  Agriculture  Ltd. (the
"Bank") on Form 20-F for the period  ended  December  31, 2003 as filed with the
Securities and Exchange  Commission on the date hereof (the  "Report"),  We, Lea
Patalovsky,  General  Manager  of the Bank,  and Yakov  Cohen,  Chief  Financial
Officer of the Bank,  certify,  pursuant to 18 U.S.C.  section  1350, as adopted
pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)   The Report fully complies with the  requirements of section 13(a) or 15(d)
      of the Securities Exchange Act of 1934; and

(2)   The information  contained in the Report fairly presents,  in all material
      respects, the financial condition and results of operations of the Bank.

June 26, 2005


Lea Patalovsky
General Manager


/s/ Lea Patalovsky
-----------------------


Yakov Cohen
Chief Financial Officer


/s/ Yakov Cohen
-----------------------
-  Home 
          -  Training 
          -  Locations 
          -  Resources 
          -  Careers & Internships 
          -  News 
          -  About 

# National Environmental Policy Act

## Breadcrumb

            -  Home 

The National Environmental Policy Act of 1969 (NEPA) is the federal government's charter for protection of the human environment. Through NEPA, Congress directed federal agencies to integrate environmental  considerations  into their planning and decision making. The NEPA process provides agency decision makers and the public with an understanding of the potential environmental impacts of proposed actions.

**For more information contact Environmental and Safety Division Assistant Chief David Barber at 912-267-3322.**

## Recent NEPA Documents Prepared for FLETC Actions

The public is invited to participate in the FLETC’s NEPA process by reviewing documents and findings issued by the Department, and providing comments during the public comment period. NEPA documents include Environmental Assessments, Findings of No Significant Impact (FONSI), Environmental Impact Statements, and Records of Decision.

**Final Finding of No Significant Impact/Environmental Assessment for the Proposed Property Acquisition for a new Recycling Center.** **Open document here.**

**Final Finding of No Significant Impact/Environmental Assessment for the Proposed TSA Training Facility FLETC Brunswick, Glynn County, Georgia.  Open Document here.**

**The Department of Homeland Security (DHS), Federal Law Enforcement Training Center (FLETC), announces the availability of a Draft Environmental Assessment (EA) for the proposed construction, operation and maintenance of a 2-Megawatt Solar Photovoltaic Array for the FLETC located in Cheltenham, Maryland.  Open Document here.**
# RegionalAirport AirServicefor theFourstates

August 4, 2010 Mr. Dennis DeVany Chief, EAS 7 Domestic Analysis Office of Aviation Analysis U.S. Department of Transportation West Building 1200 NewJersey Ave SE Washington, D.C. 20590 Reference: DOT-OST-2006-23932 Dear Dennis,**{}()~** S. [\!ain Sf fPi'I ,[oplin, l\IO I):tHO I .j !7**-1;2;I-02(;~** Fa:>; 117-li2i)··l7 f·1 E·malI: ",;-;jo('kanll"joplin f1](wrg

The community ofJoplin has reviewed the two proposals to provide Joplin essential air service, that of American Eagle and Air Choice One. The Joplin City Council unanimously endorses the bid of American Eagle to provide two nonstop round-trip flights per day with ATR-72 equipment to Dallas/FtWorth (DFW) for $2,778,756 peryear for two years from the first dayof service. The Joplin parties also acknowledge that American Eagle has asked Joplin to waive its right to hold in and allow American Eagle to exit the Joplin market on 120 days' notice at anytime during the two year service contract. The Joplin parties do waive the right to hold in American Eagle as outlined byAmerican Eagle in their Joplin essential air service bid document. The Joplin parties urge the Department to select American Eagle for Joplin service and issue an orderto that effect as promptly as possible so as to allowfor American Eagle service to begin at Joplin as the earliest possible date. Best regards,

Steve Stockam Airport Manager Joplin Regional Airport 

# -
Before the Third Division,

February 14, 1945

No. 50020.

#### Protests 803895-G, etc., of T. G. McGonigal et al. (Mobile, etc.).

Opinion by

Cline, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
#### UNITED STATES of America, Plaintiff-Appellee, v. Enrique CASTELLANOS-LOZA, aka Enrique Loza-Castellanos, Defendant-Appellant.

No. 00-50170.

D.C. No. CR-99-02610-K.

United States Court of Appeals, Ninth Circuit.

*524Submitted June 8, 2001.*

Decided June 18, 2001.

Before D.W. NELSON, FERNANDEZ, and RYMER, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Enrique Castellanos-Loza appeals his sentence on the ground that the district court erred in finding that sentencing entrapment was inapplicable, and should not have denied a downward departure. However, Castellanos-Loza waived his right to appeal the sentence if the district court did not sentence beyond the guideline range recommended by the government. As the court sentenced within that range, the appeal as to these issues is dismissed.1

DISMISSED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

1

. Castellanos-Loza also argues that the district court misapplied the guidelines in light of a scienter requirement that he contends should have been imposed in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We do not dismiss this *Apprendi*claim because it implicates the legality of his sentence. *See United States*v. *Baramdyka,*95 F.3d 840, 843 (9th Cir.1996). Accordingly, we vacate submission of Castellanos-Loza's *Apprendi*claim in a separate order filed concurrently.