Case Brief, U.S. V. Clemons, 32F.3d 1504(11th Cir. 1994) Research Paper

Case Brief, U.S. V. Clemons, 32F.3d 1504(11th Cir. 1994) - Research Paper Example Althouse was murdered late in the night while driving toward a colleague’s house, to discuss the next day’s arrest warrants The court relied on the law stating that any individual who kills or attempts to kill federal agents while they are engaging in their official duties can be convicted of murder. In cases whereby an individual is found guilty of an attempted murder, a jail term of not more than twenty years is issued. The court was convinced that the federal agent (Althouse) was engaging in official duties when he was murdered. Clemons argued that the evidence presented to the judge was insufficient to show that the federal agent was on official duties at the time of the murder. In addition, he argued that the court broke the law by relying on similar cases and evidence to make its decision. Smith argued that the use of Clemon’s confessions in implicating him is against the law. The court argued that Althouse was trying to prevent the theft of FBI property when he was murdered. Even though the duties were being carried out late in the night, the court still believed that Althouse was performing his duties. The way in which Clemons carried out the carjacking led to murder. Any individual who kills or attempts to kill federal agents, or any officer or employee working in the secret service or drug enforcement administration, is punishable under sections 1111 and 1112 of the United States’ Constitution. Individuals found guilty of attempted murder are given jail terms of not more than twenty years. The court made its decision based on the argument that the federal agent was performing his official duties. Althouse was trying to prevent the theft of a federal car when he was killed. In such circumstances, the judges were convinced that the agent was performing official duties. The court also relied on the evidence presented by Althouse’s colleagues. Althouse had