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Cocaine Purchase for Personal Use Triggers 843(b) Liability

By Jonathan Byrne

US v. Abuelhawa: A was charged and convicted of using a communication facility to facilitate a crime, the distribution of cocaine, in violation of 21 USC 843(b). The conviction was based on a two groups of phone calls between Abuelhawa and Said, from whom Abuelhawa purchased cocaine. After he was arrested, Abuelhawa gave a statement in which he explained that Said was his dealer. Abuelhawa was sentenced to 24 months in prison.On appeal, Abuelhawa unsuccessfully made two arguments. First, he argued that a conviction under 843(b) couldn't be sustained if the crime that was facilitated was the simple distribution of drugs for personal use. Noting that the circuits are split on this issue, the Fourth Circuit focused in on what it meant to "facilitate" a crime, giving that word its plain meaning...continue to full post

Full post as published by Fourth Circuit Blog on May 02, 2008 (boomark / email).