United States v. Gregory Sackinger, 704 F.2d 29 (2d Cir. 1983). · Go Syfert
United States v. Gregory Sackinger, 704 F.2d 29 (2d Cir. 1983). Cases Citing This Book View Copy Cite
56 citation events (17 in the last 25 years) across 24 distinct courts.
Strongest positive: Harris v. United States (moed, 2022-05-26)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
discussed Cited as authority (rule) Harris v. United States
E.D. Mo. · 2022 · confidence medium
Harris, 738 F. App’x at 894 (citing United States v. Sackinger, 704 F.2d 29, 32 (2d Cir. 1983) (absent participation of federal authorities in state plea bargain, federal court is not bound by terms of plea agreement between defendant and state authorities)).
discussed Cited as authority (rule) STATE OF NEW JERSEY VS. REGINALD I. EAFORD-MOSES (13-07-1821, ESSEX COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2019 · confidence medium
Setser v. United States, 556 U.S. 231, 236 (2012) (explaining it is well-settled that federal judges "have discretion to select whether the sentences they impose will run concurrently or consecutively with respect to other sentences that they impose, or that have been imposed in other proceedings, including state proceedings"); United States v. Sackinger, 704 F.2d 29, 32 (2d Cir. 1983) (holding "under the A-0942-17T2 10 dual sovereignty principle," defendant "could not, by agreement with state authorities, compel the federal government to grant a concurrent sentence" when the state sentence wa…
discussed Cited as authority (rule) Harris v. BUREAU OF PRISONS (BOP) FEDERAL
W.D. Pa. · 2011 · confidence medium
A prisoner may not, by agreeing with the state authorities to make his sentence concurrent with a federal sentence, “compel the federal government to grant a concurrent sentence.” Pinaud v. James, 851 F.2d 27, 30 (2d Cir.1988) (quoting United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983)).
discussed Cited as authority (rule) Dutton v. U.S. Attorney General
W.D.N.Y. · 2010 · confidence medium
However, such a determination is not binding on federal authorities.”) (emphasis in original) (citing McCarthy v. Doe, 146 F.3d 118, 120-21 (2d Cir.1998)) (“[Although petitioner emphasizes the state court’s designation of its sentence to run concurrently with petitioner’s federal sentence, we note that the state court’s intent is not binding on federal authorities.”) (citing United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983) (holding federal court is not bound by terms of plea agreement between defendant and state authorities)), aff'd No. 09-1848-pr, 377 Fed.Appx. 97 (2d Cir…
discussed Cited as authority (rule) Abdul-Malik v. Hawk-Sawyer
2d Cir. · 2005 · confidence medium
McCarthy v. Doe, 146 F.3d 118, 120-21 (2d Cir.1998) ("[A]lthough petitioner emphasizes the state court's designation of its sentence to run concurrently with petitioner's federal sentence, we note that the state court's intent is not binding on federal authorities.") ( citing United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983) (holding federal court is not bound by terms of plea agreement between defendant and state authorities)). 10 Thus in some circuits, when a defendant is sentenced first in federal court and then on an unrelated offense in state court, neither judge can effect concur…
discussed Cited as authority (rule) Abdul-Malik v. Hawk-Sawyer
2d Cir. · 2005 · confidence medium
McCarthy v. Doe, 146 F.3d 118, 120-21 (2d Cir.1998) (“[A]lthough petitioner emphasizes the state court’s designation of its sentence to run concurrently with petitioner’s federal sentence, we note that the state court’s intent is not binding on federal authorities.”) (citing United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983) (holding federal court is not bound by terms of plea agreement between defendant and state authorities)).
cited Cited as authority (rule) United States v. David Pardue
8th Cir. · 2004 · confidence medium
United States v. Sackinger, 704 F.2d 29, 30 (2d Cir.1983) (affirming, and agreeing with the analysis in, United States v. Sackinger, 537 F.Supp. 1245, 1247-49 (S.D.N.Y.1982)).
discussed Cited as authority (rule) United States v. David Pardue
8th Cir. · 2004 · confidence medium
United States v. Sackinger, 704 F.2d 29, 30 (2d Cir. 1983) (affirming, and agreeing with the analysis in, United States v. Sackinger, 537 F. Supp. 1245, 1247-49 (S.D.N.Y. 1982)).
discussed Cited as authority (rule) Kassulke v. Briscoe-Wade
Ky. · 2003 · confidence medium
See Taylor v. Sawyer, 284 F.3d 1143, 1151 (9th Cir.2002); Id. at 1153 n. 11; Jake v. Herschberger, 173 F.3d 1059, 1065 (7th Cir.1999) ("[A] determination as to concurrence of sentence made by one sovereign does not bind the other.”); Meagher v. Clark, supra note 17 at 1284; United States v. Sackinger, 704 F.2d 29, 32 (2nd Cir.1983) (”[U]nder the dual sovereignty principle Sackinger could not, by agreement with state authorities, compel the federal government to grant a concurrent sentence.”); Clark v. State, supra note 17 at 380, 468 S.E.2d 653 (“Although a state trial judge may proper…
discussed Cited as authority (rule) Dorsey v. BOGDEN
D. Maryland · 2002 · confidence medium
As the U.S. Court of Appeals noted in United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983), “under the dual sovereignty principle [a defendant] could not, by agreement with the state authorities, compel the federal government to grant a concurrent sentence.” Where federal officials are not parties to the state plea bargain and/or sentencing determination, courts “reject any implication that the federal court is obligated to comply with the terms of the plea agreement entered into between the defendant and state authorities.” Id.; see also Saulsbury v. United States, 591 F.2d 1028,…
discussed Cited as authority (rule) United States v. Whitman
2d Cir. · 2002 · confidence medium
See, e.g., Pinaud v. James, 851 F.2d at 30 ; United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983) (under dual sovereignty principle, defendant “could not, by agreement with state authorities, compel the federal government to grant a concurrent sentence”).
discussed Cited as authority (rule) People v. Alba
N.Y. Sup. Ct. · 2001 · confidence medium
A prisoner may not, by agreeing with the state authorities to make his sentence concurrent with a federal sentence, ‘ “compel the federal government to grant a concurrent sentence.” ’ Pinaud v. James, 851 F.2d 27, 30 (2d Cir. 1988) (quoting United States v. Sackinger, 704 F.2d 29, 32 (2d Cir. 1983)); see also, Del Guzzi v. United States, 980 F.2d 1269, 1270 (9th Cir. 1992) (state judge ordering sentence concurrent with federal sentence and recommending immediate transport to federal authorities has no power to compel federal government to grant concurrent sentence or credit time served…
discussed Cited as authority (rule) Tony R. Jake v. G.L. Herschberger, Warden, Adx-Florence, Florence, Colorado
7th Cir. · 1999 · confidence medium
A prisoner may not, by agreeing with the state authorities to make his sentence concurrent with a federal sentence, “ ‘compel the federal government to grant a concurrent sentence.’” Pinaud v. James, 851 F.2d 27, 30 (2d Cir.1988) (quoting United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983)); see also Del Guzzi v. United States, 980 F.2d 1269, 1270 (9th Cir.1992) (state judge ordering sentence concurrent with federal sentence and recommending immediate transport to federal authorities has no power to compel federal government to grant concurrent sentence or credit time served in s…
discussed Cited as authority (rule) State v. Parker
Md. · 1994 · confidence medium
See, e.g., Meagher v. Clark, supra,; United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983) (under dual sovereignly principle, federal court not bound by agreement of state plea agreement unless federal officials were involved in plea bargain); Lionel v. Day, 430 F.Supp. 384, 386 (W.D.Okla.1976) ("obviously no comment or order by a state judge can control the service of a federal sentence").
discussed Cited as authority (rule) United States v. Timothy Curtis Ballard
11th Cir. · 1993 · confidence medium
From the panel’s primary supporting citation from the Second Circuit, United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983), it is apparent that it was this attempt by the defendant to determine not only his state sentence, but also his federal sentence, that offended the court.
cited Cited as authority (rule) United States v. Smith
E.D.N.Y · 1993 · confidence medium
Salley, 786 F.2d at 547 (quoting United States v. Sackinger, 704 F.2d 29, 30 (2d Cir.1983)).
discussed Cited as authority (rule) Meagher v. Clark
11th Cir. · 1991 · confidence medium
The Second Circuit then cited from an earlier precedent, United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983), stating: “[Ujnder the dual sovereignty principle [a defendant] could not, by agreement with state authorities, compel the federal government to grant a concurrent sentence.” Where the federal officials are not parties to the state plea bargain, we “reject any implication that the federal court is obligated to comply with the terms of a plea agreement entered into between the defendant and state authorities.” Pinaud, 851 F.2d at 30 .
discussed Cited as authority (rule) Meagher v. Clark
11th Cir. · 1991 · confidence medium
The Second Circuit then cited from an earlier precedent, United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983), stating:"[U]nder the dual sovereignty principle [a defendant] could not, by agreement with state authorities, compel the federal government to grant a concurrent sentence." Where the federal officials are not parties to the state plea bargain, we "reject any implication that the federal court is obligated to comply with the terms of a plea agreement entered into between the defendant and state authorities." 32 Pinaud, 851 F.2d at 30 . 33 The facts before the Second Circuit in Pin…
discussed Cited as authority (rule) Prioleau v. United States
S.D.N.Y. · 1990 · confidence medium
While it is true that at the time of sentencing it was not clear that a federal court had the power to designate a federal sentence as concurrent to an undischarged state sentence, cf. United States v. Segal, 549 F.2d 1293, 1301 (9th Cir.), cert. denied, 431 U.S. 919 , 97 S.Ct. 2187 , 53 L.Ed.2d 231 (1977); United States v. Huss, 520 F.2d 598, 602 (2d Cir.1975), it may have had the power to make a non-binding recommendation to the Attorney General that a state facility be designated as the site for service of the federal sentence, thereby making service of the sentences in effect concurrent. 2…
discussed Cited as authority (rule) Meagher v. Dugger
S.D. Fla. · 1990 · signal: cf. · confidence medium
The Commission is not obligated to follow the recommendations of the sentencing court.” (citation omitted)); Harris v. Day, 649 F.2d 755, 758-60 (10th Cir.1981); Frick v. Quinlin, 631 F.2d 37 , 39 n. 4 (5th Cir.1980) (“The commission was not obligated to follow the recommendation of the sentencing judge.”); cf. United States v. Sackinger, 704 F.2d 29, 31-32 (2nd Cir.1983) (no violation in federal court’s failure to impose concurrent sentences despite state plea bargain whereby probation violator was to receive concurrent sentences).
discussed Cited as authority (rule) Robert Bruce Hawley v. United States
11th Cir. · 1990 · confidence medium
United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983) (“under the dual sovereignty principle, Sackinger could not, by agreement with state authorities, compel the federal government to grant a concurrent sentence”).
discussed Cited as authority (rule) United States v. Leslie R. Barth
2d Cir. · 1990 · confidence medium
Appellant attempts to minimize his violation, characterizing it as a “blameless trip overseas.” However, the decision to revoke probation will only be overturned if the district court abused its discretion, United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983), and we do not agree that on the record now before us Judge Daly abused his discretion.
cited Cited as authority (rule) Royce
Mass. App. Ct. · 1990 · confidence medium
United States v. Sackinger, 704 F.2d 29, 30 (2d Cir. 1983).
cited Cited as authority (rule) Pinaud v. James
2d Cir. · 1988 · confidence medium
United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983).
cited Cited as authority (rule) Pinaud v. James
2d Cir. · 1988 · confidence medium
United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983).
cited Cited as authority (rule) United States v. Jose I. Gonzales
6th Cir. · 1987 · confidence medium
United States v. Sackinger, 704 F.2d 29, 30 (2d Cir. 1983) (and cases cited there).
discussed Cited as authority (rule) George Heath v. United States Parole Commission and Robert Henderson, Superintendent of Auburn Correctional Facility
2d Cir. · 1986 · signal: cf. · confidence medium
Harris, 649 F.2d at 758-60 (the Commission was authorized to order the unexpired term of the federal sentence to run consecutively to a state sentence imposed while on parole); Frick, 631 F.2d at 39 -40 n. 4; cf. United States v. Sackinger, 704 F.2d 29, 31-2 (2d Cir.1983) (although under state plea bargain the probationer was, “if possible,” to receive a sentence concurrent with that imposed on probation revocation, there was no due process violation in denying revocation proceedings, with result that concurrent sentences were not imposed).
examined Cited as authority (rule) Robert Salley v. United States (4×) also: Cited "see"
2d Cir. · 1986 · confidence medium
This appeal is from the denial of that motion. 7 In United States v. Sackinger, 704 F.2d 29, 30 (2d Cir.1983), we stated that "sentences imposed by a federal court are administered by the Attorney General and, while the court may recommend that a federal sentence be served in a state facility concurrently with a state sentence, the Attorney General has discretion as to whether or not he will follow the recommendation." However, this statement does not apply to a federal sentence that is not to commence until the state sentence has been completed.
discussed Cited "see" United States v. Jim Harris
8th Cir. · 2018 · signal: see · confidence high
See United States v. Sackinger, 704 F.2d 29, 32 (2d Cir. 1983) (absent participation of federal authorities in state plea bargain, federal court is not bound by terms of plea agreement between defendant and state authorities).
cited Cited "see" John J. McCarthy v. John Doe, Director of the Federal Bureau of Prisons Kathleen M. Hawk, Director Joe Aguirre, Chief T.Y. Butt, Administrator
2d Cir. · 1998 · signal: see · confidence high
See United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983) (federal court is not obligated to comply with terms of plea agreement entered into between defendant and state authorities).
cited Cited "see" Chaklader v. United States
1st Cir. · 1993 · signal: see · confidence high
P. 32.1(a)(1); see United States v. Sackinger, 537 F. Supp. 1245, 1249 (W.D.N.Y. 1982), aff'd, 704 F.2d 29, 30 (2d Cir. 1983).
cited Cited "see" United States v. Subir Chaklader
1st Cir. · 1993 · signal: see · confidence high
R.Crim.P. 32.1(a)(1); see United States v. Sackinger, 537 F.Supp. 1245, 1249 (W.D.N.Y.1982), aff'd, 704 F.2d 29, 30 (2d Cir.1983).
cited Cited "see" Chaklader v. United States
1st Cir. · 1993 · signal: see · confidence high
P. 32.1(a)(1); see United States v. Sackinger, ___ _____________ _________ 537 F. Supp. 1245, 1249 (W.D.N.Y. 1982), aff'd, 704 F.2d 29 , _____ 30 (2d Cir. 1983).
cited Cited "see" United States v. McGriff
E.D.N.Y · 1988 · signal: see · confidence high
See United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983).
discussed Cited "see, e.g." United States v. Darryl Pippin
6th Cir. · 2015 · signal: see also · confidence medium
But the preliminary hearing provision does not “expressly appl[y] to persons already in custody for a separate offense.” United States v. Vasquez-Perez, 742 F.3d 896, 899 (9th Cir.2014) (emphasis in original); see also United States v. Sackinger, 704 F.2d 29, 30 (2d Cir.1983).
discussed Cited "see, e.g." Cozine v. Crabtree
D. Or. · 1998 · signal: see, e.g. · confidence medium
See, e.g., United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983) (since state court imposed sentence first, it could not prospectively order that its sentence run concurrently with a future federal sentence, hence federal court was free to disregard the state concurrent sentence and impose a consecutive sentence).
cited Cited "see, e.g." Commonwealth v. Collins
Mass. App. Ct. · 1991 · signal: see also · confidence medium
See also United States v. *683 Sackinger, 704 F.2d 29, 30-32 (2d Cir. 1983); United States v. Scott, 850 F.2d 316, 320 (7th Cir. 1988).
discussed Cited "see, e.g." People v. Rodriguez (2×)
Cal. · 1990 · signal: see, e.g. · confidence medium
See, e.g., United States v. Sackinger, 704 F.2d 29, 32 (2d Cir. 1983); Tiitsman v. Black, 536 F.2d 678, 681 (6th Cir. 1976); United States v. Shapiro, 491 F.2d 335, 336 (6th Cir. 1974); United States v. Taylor, 449 F.2d 117, 118 (9th Cir. 1971). ‘ “All that is required for the revocation of probation is enough evidence to satisfy the district judge that the conduct of the petitioner has not met the conditions of probation.” ’ United States v. Turner, 741 F.2d 696, 698 (5th Cir. 1984) (quoting United States v. Dozier, 707 F.2d 862, 865 (5th Cir. 1983).
discussed Cited "see, e.g." The United States of America v. Robert A. Scott (2×)
7th Cir. · 1988 · signal: see, e.g. · confidence low
See e.g., United States v. Sackinger, 537 F.Supp. 1245, 1248 (D.C.N.Y.1982), aff'd, 704 F.2d 29 (2d Cir.1983).
discussed Cited "see, e.g." United States v. John Franklin Miller, Sr.
6th Cir. · 1986 · signal: see, e.g. · confidence medium
See, e.g., United States v. Sackinger, 704 F.2d 29, 32 (2d Cir.1983); Tiitsman v. Black, 536 F.2d 678, 681 (6th Cir. 1976); United States v. Shapiro, 491 F.2d 335, 336 (6th Cir. 1974); United States v. Taylor, 449 F.2d 117, 118 (9th Cir.1971). ‘“All that is required for the revocation of probation is enough evidence to satisfy the district judge that the conduct of the petitioner has not met the conditions of probation.’ ’’ United States v. Turner, 741 F.2d 696, 698 (5th Cir. 1984) (quoting United States v. Dozier, 707 F.2d 862, 865 (5th Cir. 1983)).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Gregory SACKINGER, Defendant-Appellant
370, Docket 82-1213.
Court of Appeals for the Second Circuit.
Mar 23, 1983.
704 F.2d 29
1983 U.S. App. LEXIS 29432
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.
Friendly, Kearse, Pratt.
Cited by 49 opinions  |  Published
GEORGE C. PRATT, Circuit Judge:

This case presents the issue of whether defendant’s statutory or constitutional[*30] 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 transportation of forged securities, the defendant, Gregory Sackinger, pled guilty to attempted burglary in the third degree in Cattaraugus County, New York. One of the terms of Sackinger’s plea bargain, as expressed by the state court judge at the plea colloquy, was that Sackinger’s state court sentence would, “if possible,” be served concurrently with any sentence received in federal court. After negotiating this plea arrangement, the state court delayed sentencing Sacking-er in order to permit the defendant to receive his sentence in the federal probation violation proceedings. The defendant’s probation officer, who was not aware that the defendant’s state plea arrangement contemplated that the sentence for attempted burglary was to run concurrently with his federal sentence for probation violation, followed office policy and did not institute the revocation proceedings until after the defendant had been sentenced on the state charges. Three and a half months after his guilty plea, Sackinger was sentenced by the state court; less than one month later, probation violation proceedings were commenced against him in federal court.

Pursuant to 18 U.S.C. §§ 4082(a) and 3568, sentences imposed by a federal court are administered by the Attorney General and, while the court may recommend that a federal sentence be served in a state facility concurrently with a state sentence, the Attorney General has discretion as to whether or not he will follow the recommendation. United States v. Johnson, 563 F.2d 362, 364 (8th Cir.1977); Ange v. Paderick, 521 F.2d 1066, 1068 (4th Cir.1975); United States v. Huss, 520 F.2d 598, 602 (2d Cir.1975). As a result, when the probation officer deferred the revocation proceedings until after defendant was sentenced in state court, in effect he consigned the question of concurrent sentences to the successive discretions of the federal trial court and the Attorney General, and thereby deprived defendant of any guarantee that his state and federal sentences would be concurrent. Since Judge Elfvin felt that a separate additional federal sentence was called for, he did not recommend that defendant serve his federal time in a state facility, and the Attorney General therefore never had to address the problem.

Defendant raises three claims on appeal: (1) that his federal statutory rights to a prompt hearing after “arrest” pursuant to 18 U.S.C. § 3653 and to a hearing within a “reasonable time” pursuant to Fed.R.Crim.P. 32.1(a)(2) were violated because the revocation hearing was held one year after his arrest by state authorities on the state charges; (2) that his constitutional right to a prompt and timely revocation hearing, Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973); Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), was violated by the probation officer’s failure to institute revocation proceedings until after the state court sentencing; and (3) that Judge Elfvin’s failure to give effect to the terms of the state court plea agreement and his imposition of a prison term consecutive to the state sentence was an abuse of discretion.

On the first issue, Judge Elfvin held that the probation officer’s actions did not violate defendant’s statutory rights under either § 3653 or Rule 32.1(a)(2). We agree with Judge Elfvin’s analysis and affirm with respect to the statutory claims for the reasons stated in his opinion, United States v. Sackinger, 537 F.Supp. at 1247-49.

We agree with Judge Elfvin’s conclusion on the second issue, that the delay in commencing the violation of probation proceeding did not infringe Sackinger’s constitutional right to due process, but believe that additional discussion of the problem is appropriate. In the negotiations for the[*31] state plea bargain it was clear that there might be some difficulty in working out the provision to have the state and federal sentences run concurrently. At the plea colloquy on July 22,1981 the state district attorney said that he did not care if the sentences were served concurrently provided “there is no impediment to it.” App. at 22. The state judge also recognized the problem when he noted that the terms and conditions of the state plea agreement were that Sackinger “will get no more than one and a half to three years from this Court” and that, “if possible, it will run concurrently with any sentence you may receive in federal court.” Id. at 25 (emphasis supplied). Sackinger’s attorney was apparently not certain how the matter should be handled, but said that he would contact the federal probation officer and “determine which way they want to do it.” Id.

Sackinger’s federal probation officer was notified of the guilty plea and, despite inquiries and generalized requests from Sackinger, his mother, and his attorney that the probation violation proceedings commence, he deferred any action, awaiting formal imposition of the state sentence. By delaying action the probation officer followed standard office policy applied in routine cases. He was not informed that Sacking-er’s state court plea agreement specifically contemplated concurrent sentences and, therefore, was not made aware that Sackinger’s case was anything other than routine. After the state sentence was imposed, Sackinger was formally charged with violation of probation; he pled guilty, and Judge Elfvin determined that a consecutive, rather than a concurrent, sentence was appropriate.

Sackinger’s constitutional claim has its roots in the state plea agreement. The terms of such an agreement entered into between a defendant and state prosecuting authorities are generally binding upon and enforceable against the state. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971). Sackinger argues that by delaying the probation violation proceeding and forcing the state court to be the first to sentence him, the federal authorities in effect deprived him of effective enforcement of the state’s commitment to concurrent sentences. This, he claims, deprived him of liberty without due process.

A somewhat similar argument was raised in Moody v. Daggett, 429 U.S. 78, 97 S.Ct. 274, 50 L.Ed.2d 236 (1976), where a defendant who was on federal parole had been convicted and sentenced on a second federal crime. The Parole Commission filed a detainer while he was serving his second sentence, but announced its intention to defer consideration of the violation charge until completion of the second sentence. Defendant claimed, inter alia, that deferral of the revocation decision deprived him of the opportunity to serve the two sentences concurrently and thereby deprived him of liberty without due process of law. The Supreme Court concluded that defendant had not suffered a loss of protected liberty, because the Parole Commission retained full discretion at the end of the interim sentence to impose whatever penalty it might have determined to grant had the revocation proceeding been held soon after the detainer was filed. Id. at 88, 97 S.Ct. at 279.

Sackinger’s position differs from Moody’s, but the differences do not change the result; they merely strengthen the conclusion that his due process rights have not been violated. While Moody could speak only of an “opportunity” for concurrent sentences, Sackinger arguably had something more: a plea agreement which called for concurrent sentences, “if possible”. In Moody’s case, the Supreme Court concluded that he had not been deprived of any opportunity for concurrent sentencing because, due to the continuing discretion of the Parole Commission, the opportunity still remained after completion of his second sentence.

Sackinger was not deprived of the possibility of having his incarceration limited to the term set by the state court judge. It was certainly within the discretion of the district court judge to refuse to revoke defendant’s probation or simply to impose a further sentence of probation as punish[*32] ment. The district court judge’s decision not to follow either of these alternatives, but to impose an additional prison sentence, was aided by full argument by counsel on both sides, and the judge was well aware of the nature of the defendant’s plea agreement in the earlier state court proceeding, 537 F.Supp. at 1246, as well as his own inability to impose concurrent sentences. 537 F.Supp. at 1251.

Moreover, we cannot ignore a vital difference between Sackinger’s position and that of Moody. Moody’s parole and the later crime for which he was sentenced were both under federal jurisdiction; Sackinger’s probation was federal, but the subsequent crime and prosecution were under state law so that the competing factors must be weighed in light of the distinct and independent interests of two sovereignties. One way for Sackinger to succeed in his constitutional argument would be to establish that the plea agreement he entered into with the state authorities imposed on the federal court an obligation to fix a federal sentence that ran concurrently. But under the dual sovereignty principle Sackinger could not, by agreement with state authorities, compel the federal government to grant a concurrent sentence. In view of the well-established division of interests and powers under the dual sovereignty principle, see United States v. Ng, 699 F.2d 63 at 68-69 (2d Cir.1983) (citing cases), we reject any implication that the federal court is obligated to comply with terms of a plea agreement entered into between the defendant and state authorities. See Lionel v. Day, 430 F.Supp. 384, 386 (W.D.Okl.1976) (“obviously no comment or order by a state judge can control the service of a federal sentence”).

Nor does Sackinger demonstrate that his state plea agreement obligated the federal probation officer to depart from the standard procedure of his office and expedite the violation proceeding. Sackinger had obtained a state promise of concurrent sentences “if possible”. The possibility could have become a reality if the federal sentence were to be imposed first. But neither Sackinger, nor his attorney, nor anyone else on his behalf ever notified the probation officer that the plea agreement contemplated concurrent sentences. The trial judge specifically found that the probation officer was “not aware that defendant’s plea arrangement actually called for concurrent sentencing”. 537 F.Supp. at 1251. Even assuming, without deciding, that had he known the particulars of the plea agreement the probation officer would have had a duty to depart from office procedure and commence the violation proceeding sooner, Sackinger cannot claim a breach of that duty when he never informed the probation officer of the very circumstance that made the sequence of sentencings so important to him. Consequently, Sackinger’s constitutional argument fails.

The third issue, which questions whether Judge Elfvin’s imposition of a separate prison term for the probation violation was an abuse of discretion, need not detain us long, for this claim is meritless.

Imposition of sentence for a probation violation is discretionary with the trial judge, United States v. Lustig, 555 F.2d 751, 753 (9th Cir.1977); United States v. Markovich, 348 F.2d 238, 241 (2d Cir.1965), and Judge Elfvin acted well within his discretion in determining that the agreement made in state court with respect to the defendant’s sentence for attempted burglary was “entirely separate and distinct from the question of what penalty should be imposed as a result of defendant’s violation of federal probation”, United States v. Sackinger, 537 F.Supp. at 1251. Furthermore, the agreement was made in state court between the state and the defendant. Absent any participation of federal officials in the state plea bargain, the federal court was not bound by it in imposing sentence. See Saulsbury v. United States, 591 F.2d 1028, 1035 (5th Cir.), cert. denied, 444 U.S. 857, 100 S.Ct. 118, 62 L.Ed.2d 77 (1979).

Finally, the state court was and is the appropriate forum for enforcement of the state plea agreement. Before Sackinger’s state sentencing, he could have sought some accommodation with the state authorities to[*33] implement his agreement or, failing that, even after imposition of the federal sentence he could have sought to set aside his guilty plea pursuant to N.Y.Crim.Proe.Law § 220.60. He did neither. Even now, he may move to modify or set aside his state sentence pursuant to N.Y.Crim.Proc.Law § 440.20 and thereby eliminate at least that part of the state sentence he has not yet served.

The judgment of the district court is affirmed.