At petitioner’s sentencing, his counsel asked the court to sentence petitioner to the one year mandatory sentence as a habitual offender and to place him on probation for five years. Sentencing, 8/29/86, tape 2/289. If petitioner and his counsel believed the four year cap applied to probation as well as actual incarceration, they would not have asked for the six year sentence. The fact that petitioner did not complain about his sentence originally or at the time his probation was revoked also lends credence to the conclusion that he reasonably believed the plea agreement’s limitation of incarceration to four years or less applied only to his initial sentence, not to his subsequent probation violation sentence. Cf. Gammarano v. United States, 732 F.2d 273, 275-76 (2d Cir.1984) (<HOLDING>). We believe the district court correctly
holding record overwhelmingly indicated petitioner was concerned with limited incarceration under plea agreement not term of probation challenged later holding that upon revocation of probation a court must grant credit for time served on probation and community control towards any newly imposed term of imprisonment and probation so that the total period of control probation and imprisonment does not exceed the statutory maximum holding specific performance of plea agreement proper remedy where defendant testified against all of his coconspirators and where court later unilaterally breached original plea agreement by imposing a ninety day term of incarceration in addition to sentence of probation that had been earlier agreed to without first providing1 defendant with opportunity to withdraw plea on the record holding that probation is not a sentence holding a sentence is not limited to period of incarceration