United States v. David Yepez

*1092WARDLAW, Circuit Judge, joined by PREGERSON, REINHARDT, THOMAS, and W. FLETCHER, Circuit Judges,

dissenting:

I

“[Cjomity between state and federal courts ... has been recognized as a bulwark of the federal system.” Allen v. McCurry, 449 U.S. 90, 96,101 S.Ct. 411, 66 L.Ed.2d 308 (1980). California Penal Code § 1203.3 permits state judges who are supervising individuals placed on state probation to terminate retroactively the terms of probation to which they had previously sentenced those defendants. Each of the defendants in these consolidated appeals was serving such a probationary sentence when…