UNITED STATES V. DIAZ-LOPEZ
625 F.3d 1198 (9th Cir. 2010)
NATURE OF THE CASE: Diaz-Lopez (D) appealed from a conviction of being a removed alien
found in the United States
FACTS: A Border Patrol agent found and arrested D on a road in California, north of the
United States-Mexico border. D was charged with being a removed alien found in the United
States without permission. P introduced testimony from a Border Patrol agent stating that he
had performed a search of the Computer Linked Application Information Management System
('CLAIMS') database using D's name, alien number, and date of birth, and had found no record
of D having filed a Form I-212, which is the required application for permission to reapply
for admission to the United States after having been previously removed. D was found guilty
and sentenced to twenty-one months in prison and three years of supervised release. D
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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