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U.S. v. YEPEZ

Nos. 09-50271, 09-50409.

652 F.3d 1182 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. David YEPEZ, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Audenago Acosta-Montes, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2011.

Attorney(s) appearing for the Case

Vincent J. Brunkow, Federal Defenders of San Diego Inc., San Diego, CA, for Audenago Acosta-Montes.

Michael Edmond Burke, San Diego, CA, for David Yepez.

Karen P. Hewitt, United States Attorney, and Bruce R. Castetter,   Kyle W. Hoffman, and Timothy C. Perry, Assistant United States Attorneys, San Diego, CA, for the United States of America.

Opinion by Judge WARDLAW; Dissent by Judge TIMLIN.

OPINION

WARDLAW, Circuit Judge:

"[C]omity 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...

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