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U.S. v. ABUELHAWA

No. 07-4639.

523 F.3d 415 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Salman Khade ABUELHAWA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 25, 2008.

Attorney(s) appearing for the Case

ARGUED: Timothy Joseph McEvoy, Odin, Feldman & Pittleman, P.C., Fairfax, Virginia, for Appellant. David Brian Goodhand, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Chuck Rosenberg, United States Attorney, Julie Warren, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge SHEDD and Judge OSTEEN joined.

OPINION

WILLIAMS, Chief Judge:

Salman Khade Abuelhawa appeals his conviction and sentence for violating 21 U.S.C.A. § 843(b) (West 1999), which prohibits knowingly or intentionally using a communication facility in committing, causing, or facilitating the commission of certain felonies, including drug distribution. Abuelhawa argues that he cannot be convicted of violating § 843(b) because the drug distribution in question was his purchase of cocaine...

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