United States v. Gregory Sackinger

GEORGE C. PRATT, Circuit Judge:

This case presents the issue of whether defendant’s statutory or constitutional rights were violated by a policy of federal probation authorities to wait until state court sentencing proceedings are completed before instituting federal probation revocation proceedings based on the same act that gave rise to the state criminal charge. The facts, set forth in Judge Elfvin’s careful opinion, United States v. Sackinger, 537 F.Supp. 1245 (W.D.N.Y.1982), need only be summarized here.

A mere five months after being placed on federal probation for interstate…