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U.S. v. CLEMONS

No. 93-6328.

32 F.3d 1504 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene Milton CLEMONS, II, a/k/a "Gene", a/k/a "Dean", Dedrick Germond Smith, a/k/a Derrick, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 22, 1994.

Attorney(s) appearing for the Case

Tommy Nail, Jo Alison Taylor, co-counsel, Birmingham, AL, for Eugene Milton Clemons.

J. Louis Wilkinson, Birmingham, AL, for Dedrick Germond Smith.

Jack W. Selden, U.S. Atty., Robert J. McLean, John E. Ott, Bill Barnett, Asst. U.S. Atty., Birmingham, AL, for appellee.

Before TJOFLAT, Chief Judge, KRAVITCH, Circuit Judge, and CLARK, Senior Circuit Judge.

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....

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