Abuelhawa v. United States

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of petition for certiorari.

Brief filed: 09/15/2008


Abuelhawa v. United States

United States Supreme Court; Case No. 08-192

Prior Decision

Case below 523 F.3d 415 (4th Cir. 2008)

Question Presented

Whether a buyer’s use of a telephone (cell phone) to purchase drugs for personal use “facilitates” the commission of a drug “felony,” 21 U.S.C. § 843(b), on the theory that the crime facilitated by the buyer is not his purchase of drugs for personal use, a misdemeanor, but is the seller’s distribution of the drugs to the buyer (a felony).



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Jeffrey A. Lamken, E. Barrett Atwood and Heather M. Souder, Baker Botts LLP, Washington, DC.