This section contains the nature of the case and procedural background.

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.

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