United States v. Clemons

KRAVITCH, Circuit Judge:

Eugene Clemons and Dedrick Smith were convicted of murdering a federal agent engaged in the performance of his official duties in violation of 18 U.S.C. §§ 1111 and 1114. In addition, Clemons was convicted of using and carrying a firearm in the commission of a crime of violence, in violation of 18 U.S.C. § 924(c). We affirm both convictions. The primary issue presented involves defining “official duties” under Section 1114.

I

George Douglas Athouse was a Special Agent of the U.S. Drug Enforcement Administration (DEA) assigned to the Birmingham, Aabama office. As part of…