Legal Opinion

Abuelhawa v. United States

Supreme Court of the United States

Decided May 26, 2009No. 08-192PublishedCited by 72 opinions

1Opinion of the CourtJustice Souter

The Controlled Substances Act (CSA) makes it a felony “to use any communication facility in committing or in causing or facilitating” certain felonies prohibited by the statute. 84 Stat. 1263, 21 U. S. C. § 843(b). The question here is whether someone violates § 843(b) in making a misdemeanor drug purchase because his phone call to the dealer can be said to facilitate the felony of drug distribution. The answer is no.

I

Federal Bureau of Investigation agents believed Mohammed Said was selling cocaine and got a warrant to tap his cell phone. In the course of listening in, they recorded six calls…

2Cases cited12 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. United States National Bank v. Independent Insurance Agents of America, Inc.Supreme Court of the United States · 1993
  3. Dolan v. United States Postal ServiceSupreme Court of the United States · 2006
  4. Gebardi v. United StatesSupreme Court of the United States · 1932
  5. United States v. Hilda Escobar De BrightCourt of Appeals for the Ninth Circuit · 1984

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3Cited by72 opinions

  1. Freeman v. Quicken Loans, Inc.Supreme Court of the United States · 2012
  2. United States v. HuetCourt of Appeals for the Third Circuit · 2012
  3. Hedges v. ObamaCourt of Appeals for the Second Circuit · 2013
  4. United States Securities & Exchange Commission v. Pirate Investor LLCCourt of Appeals for the Fourth Circuit · 2009
  5. United States v. BankiCourt of Appeals for the Second Circuit · 2011

67 more not listed; retrieve them via the Exa API.

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