[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 97-1566

UNITED STATES,

Appellee,

v.

KEVIN PATRICK GILDEA,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

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

Before

Torruella, Chief Judge,

Selya and Stahl, Circuit Judges.

Mark J. Gillis on brief for appellant.

Donald K. Stern, United States Attorney, and James F. Lang,

Assistant U.S. Attorney, on brief for appellee.

December 4, 1997

Per Curiam. Upon careful review of the briefs and

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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