Whether a state law enforcement officer, who has also been made a member of a federal task force, qualifies as a federal agent when he is acting in the sole capacity of a state law enforcement officer and performing official duties only as a state law enforcement officer?

QUESTION PRESENTED Pursuant to Title 18, United States Code Section 111, it is a crime for a defendant to forcibly assault a federal officer while the officer is engaged in the performance of his official duties. Title 18, United States Code Section 1114 defines who an officer and employee of the United States is and when they are protected. Specifically, Section 1114 defines a federal officer as someone who “is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance.” The question presented is: Whether a state law enforcement officer, who has also been made a member of a federal task force, qualifies as a federal agent when he is acting in the sole capacity of a state law enforcement officer and performing official duties only as a state law enforcement officer? 1