Abuelhawa v. United States (2008)

Docket
08-192
Decided
2008-01-01

Summary

Question: Does the use of a telephone to buy cocaine for personal use "facilitate" the commission of a felony (the seller's distribution of cocaine) and violate 21 U.S.C. Section 843(b)? Conclusion: No. With Justice David H. Souter writing for a unanimous Supreme Court, it held that using a telephone to make a misdemeanor drug purchase does not "facilitate" felony drug distribution. The Court concentrated on the "plain meaning" of the statute in order to reach its conclusion.

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