United States v. Gildea

U.S. Court of Appeals for the First Circuit

United States v. Gildea

Opinion

USCA1 Opinion












[NOT FOR PUBLICATION]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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Reference

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Published