United States v. Gildea ( 1997 )

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT







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        No. 97-1566



                                    UNITED STATES,



                                      Appellee,



                                          v.



                                KEVIN PATRICK GILDEA,



                                Defendant, Appellant.





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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                    [Hon. Richard G. Stearns, U.S. District Judge]
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                                        Before



                                Torruella, Chief Judge,
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                                   Selya and Stahl,

                                   Circuit Judges.
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            Mark J. Gillis on brief for appellant.
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            Donald  K. Stern,  United  States  Attorney, and  James  F.  Lang,
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        Assistant U.S. Attorney, on brief for appellee.





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                                   December 4, 1997

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                 Per Curiam.    Upon careful  review  of the  briefs  and
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            record, we perceive no reason  to set aside the revocation of



            probation or the sentence imposed.  The magistrate judge  and



            district court adequately  explained the rulings, and  we add



            only these comments:



                 1.   The findings, including the  finding that appellant



            waived  a  preliminary  hearing  and  also  waived  appointed



            counsel, are adequately supported by the record.



                 2.   Essentially for the  reasons given by the  district



            court,  the FBI's request  that the probation  officer submit



            the  petition for  revocation at  a particular  time did  not



            invalidate the revocation.



                 3.   None of  the issues  raised in  appellant's pro  se



            supplemental brief  present grounds  for reversal  here.   We



            decline  to   consider  his  challenges  to   his  underlying



            conviction and sentence.



                 Affirmed.  See 1st Cir. Loc. R. 27.1.
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