Abuelhawa v. United States | |
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Argued March 4, 2009 Decided May 26, 2009 | |
Full case name | Salman Khade Abuelhawa, petitioner v. United States |
Docket no. | 08-192 |
Citations | 556 U.S. 816 (more) 129 S. Ct. 2102; 173 L. Ed. 2d 982 |
Case history | |
Prior | Petitioner convicted, 1:07-cr-00018-LMB (E.D. Va. 2007); affirmed, 523 F.3d 415 (4th Cir. 2008). |
Holding | |
The use of a cell phone to purchase a misdemeanor amount of drugs does not rise to the level of it being a "communication facility" for the purposes of felony drug distribution. | |
Court membership | |
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Case opinion | |
Majority | Souter, joined by unanimous |
Laws applied | |
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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]
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