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ABUELHAWA v. U.S.

No. 08-192.

129 S.Ct. 2102 (2009)

556 U.S. 816

173 L.Ed.2d 982

Salman Khade ABUELHAWA, Petitioner, v. UNITED STATES.

Supreme Court of United States.

Decided May 26, 2009.

Attorney(s) appearing for the Case

Sri Srinivasan , Washington, D.C., for petitioner.

Eric D. Miller , Washington, D.C., for respondent.

Timothy J. McEvoy , Odin, Feldman & Pittleman, P.C., Fairfax, VA, Sri Srinivasan (Counsel of Record), Irving L. Gornstein , Ryan W. Scott , Meaghan McLaine , O'Melveny & Myers LLP, Washington, D.C., for Petitioner.

Edwin S. Kneedler , Acting Solicitor General, Counsel of Record, Rita M. Glavin , Acting Assistant Attorney General, Michael R. Dreeben , Deputy Solicitor General, Eric D. Miller , Assistant to the Solicitor General, Richard A. Friedman , Attorney, Department of Justice, Washington, D.C., for the United States.

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...

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