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UNITED STATES v. SACKINGER

No. 370, Docket 82-1213.

704 F.2d 29 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory SACKINGER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 23, 1983.

Attorney(s) appearing for the Case

Joseph M. Guerra III, Asst. U.S. Atty., Buffalo, N.Y. (Salvatore R. Martoche, U.S. Atty., W.D.N.Y., Buffalo, N.Y., of counsel), for plaintiff-appellee.

Terrence M. Connors, Buffalo, N.Y. (Damon, Morey, Sawyer & Moot, Lawrence J. Vilardo, Buffalo, N.Y., of counsel), for defendant-appellant.

Before FRIENDLY, KEARSE and PRATT, Circuit Judges.

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,

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