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Abuelhawa v. United States

Docket No.: 08-192
Certiorari Granted: Nov 14 2008
Argued: March 4, 2009
Decided: May 26, 2009

PartyNames: Salman Khade Abuelhawa v. United States
Petitioner: Salman Khade Abuelhawa
Respondent: United States

Court Below: United States Court of Appeals for the Fourth Circuit

Salman Khade Abuelhawa
v.
United States
Question Presented:

Whether the use of a telephone to buy drugs for personal use "facilitates" the commission of a drug "felony," in violation of 21 U.S.C. ยง 843(b), on the theory that the crime facilitated by the buyer is not his purchase of drugs for personal use (a misdemeanor), but is the seller's distribution of the drugs to him (a felony).

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)?

Holding: reversed and remanded
Vote: 9-0
Opinion By:
Read ABUELHAWA V. UNITED STATES opinion (PDF)
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