Us Vs Clemons Case Study

United States v. Clemons

Parties:

The United States of America(Plaintiff) v. Eugene Milton Clemons and Dedrick Germond Smith(Defendants)

Facts:

In the case of Eugene Milton and Dedrick Smith verses the United State, the defendants are charged with murdering George Douglas Althouse. George Althouse was a Special Agent with the Drug Enforcement Administration(DEA). While Agent Althouse was executing his duties, he was parked at a Chevron Service Station waiting on a colleague, when the defendant Clemons exit a car driven by Kenny Reed with a firearm. He then walked over to the Z-28 Camaro and shot agent Althouse in an attempt to steal the vehicle. The Defendants Clemons and Smith are charged with violating 18 U.S.C.&&1111 and 1114. Clemons

They appealed the ruling.

Issues presented or questions of law:

(1) The first issue is whether the court had sufficient evidence to prove special agent Althouse was in the line of duty, in accordance with 18U.S.C.&1114.

(2) Whether the court erred in improperly admitted evidence of an uncharged misconduct is relevant to this case

(3) Whether the Plaintiff erred in cross-examine the codefendant about drug use.

Arguments or Objectives of the parties:

Plaintiff: The Plaintiff argues that Special Agent Althouse was in a duty status, according to 18 U.S.C. &1114, when carjacked.

Defendant: The Defendant argued that the evidence was insufficient to prove that the Plaintiff was in the line of duty. The defendant claimed he was with his aunt during the carjacking.

Holding/Rule of Law:

(1) When a court rule under 18 U.S.C. &1114, it requires the government to prove that the federal officer is engaged in the line of duty, for purpose of statute to impose punishment, for a person charged with killing a federal