Abuelhawa v. United States

Abuelhawa v. United States, 556 U.S. 816 (2009), was a United States Supreme Court case in which the Court held that a defendant who used a cellphone for the misdemeanor purchase of cocaine could not be charged with a felony for using a "communication facility" to facilitate the distribution of an illegal drug under 21 U.S.C. § 843(b).[1] In a unanimous opinion delivered by Justice Souter, the Court reasoned that the Government's interpretation of "facilitate" exposed a first-time buyer using a phone "to punishment 12 times more severe than a purchase by a recidivist offender and 8 times more severe than the unauthorized possession of a drug used by rapists," and was clearly not in line with Congress's intent, since it conflicted with the classification of the drug sale itself as a misdemeanor.

Abuelhawa v. United States
Argued March 4, 2009
Decided May 26, 2009
Full case nameSalman Khade Abuelhawa, petitioner v. United States
Docket no.08-192
Citations556 U.S. 816 (more)
129 S. Ct. 2102; 173 L. Ed. 2d 982
Case history
PriorPetitioner convicted, 1:07-cr-00018-LMB (E.D. Va. 2007); affirmed, 523 F.3d 415 (4th Cir. 2008).
Holding
A person who uses a cell phone to buy drugs solely for personal use (a misdemeanor) cannot be charged with the separate crime of using a phone to facilitate the sale of drugs (a felony).
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Case opinion
MajoritySouter, joined by unanimous
Laws applied
21 U.S.C. § 843(b); 21 U.S.C. § 844(a)

References
  1. 21 U.S.C. § 843(b).


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