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On Tuesday, May 26, the Supreme Court announced its decision in Abuelhawa v. United States. In this case, the Supreme Court considered whether, under the Controlled Substances Act, someone who uses a telephone to make a misdemeanor drug purchase is guilty of the felony crime of facilitating felony drug distribution. In a unanimous decision delivered by Justice Souter, the Court held that using a telephone to make a misdemeanor drug purchase does not facilitate felony drug distribution within the meaning of the statute, reversing the Fourth Circuit opinion below. Peter Jaffe discusses the decision.

 

 

 

Oral Argument - March 4, 2009:
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-192.pdf

 

Decision - May 26, 2009:
http://www.supremecourtus.gov/opinions/08pdf/08-192.pdf

 

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