[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 98-1093



                          UNITED STATES,



                            Appellee,



                                v.



                        DANIEL D. TAVARES,



                      Defendant, Appellant.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                FOR THE DISTRICT OF MASSACHUSETTS



           [Hon. William G. Young, U.S. District Judge]







                              Before



                      Selya, Circuit Judge,

                Campbell, Senior Circuit Judge,

                   and Lynch, Circuit Judge.

                                

                                





     Daniel D. Tavares on brief pro se.

     Donald K. Stern, United States Attorney, and Michael J.

Pelgro, Assistant U.S. Attorney, on Motion for Summary Disposition.











SEPTEMBER 28, 1998





                                

                                

                                

                                        

                                                                           Per Curiam.  After careful review of the record, we

    agree that the district court properly dismissed appellant's

    Rule 35 motion as "utterly frivolous."  Accordingly, the

    district court's order is affirmed.  Appellant's motion to

    dismiss this appeal and motion to withdraw his motion to

    dismiss are moot.