Abuelhawa v. United States

Last updated

Abuelhawa v. United States
Seal of the United States Supreme Court.svg
Argued March 4, 2009
Decided May 26, 2009
Full case nameSalman Khade Abuelhawa, petitioner v. United States
Docket no. 08-192
Citations556 U.S. 816 ( more )
129 S. Ct. 2102; 173 L. Ed. 2d 982
Case history
PriorPetitioner convicted, 1:07-cr-00018-LMB (E.D. Va. 2007); affirmed, 523 F.3d 415 (4th Cir. 2008).
Holding
A person who uses a cell phone to buy drugs solely for personal use (a misdemeanor) cannot be charged with the separate crime of using a phone to facilitate the sale of drugs (a felony).
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens  · Antonin Scalia
Anthony Kennedy  · David Souter
Clarence Thomas  · Ruth Bader Ginsburg
Stephen Breyer  · Samuel Alito
Case opinion
MajoritySouter, joined by unanimous
Laws applied
21 U.S.C.   § 843(b) ; 21 U.S.C.   § 844(a)

Abuelhawa v. United States, 556 U.S. 816 (2009), was a United States Supreme Court case in which the Court held that a defendant who used a cellphone for the misdemeanor purchase of cocaine could not be charged with a felony for using a "communication facility" to facilitate the distribution of an illegal drug under 21 U.S.C. § 843(b). [1] In a unanimous opinion delivered by Justice Souter, the Court reasoned that the Government's interpretation of "facilitate" exposed a first-time buyer using a phone "to punishment 12 times more severe than a purchase by a recidivist offender and 8 times more severe than the unauthorized possession of a drug used by rapists," and was clearly not in line with Congress's intent, since it conflicted with the classification of the drug sale itself as a misdemeanor.

Related Research Articles

United States v. Dominguez Benitez, 542 U.S. 74 (2004), was a United States Supreme Court case in which the Court ruled that, in a criminal proceeding in federal court, a defendant who does not alert the district court to a possible violation of Rule 11 of the Federal Rules of Criminal Procedure must show on appeal that the violation affirmatively affected his rights in order to obtain reversal of his conviction by guilty plea. Rule 11, which pertains to criminal prosecutions in United States federal courts only, governs the offering of plea bargains to criminal defendants and the procedures district courts must employ to ensure that the defendant knows of and properly waives his trial-related constitutional rights.

Pfaff v. Wells Electronics, Inc., 525 U.S. 55 (1998), was a decision by the Supreme Court of the United States that determined what constituted being "on sale" for the purposes of barring the grant of a patent for an invention.

Courts-martial of the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice (UCMJ). They can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Federal courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial, which contains the Rules for Courts-Martial (RCM), Military Rules of Evidence, and other guidance. State courts-martial are governed according to the laws of the state concerned. The American Bar Association has issued a Model State Code of Military Justice, which has influenced the relevant laws and procedures in some states.

Bailey v. United States, 516 U.S. 137 (1995), was a United States Supreme Court case in which the Court interpreted a frequently used section of the federal criminal code. At the time of the decision, 18 U.S.C. § 924(c) imposed a mandatory, consecutive five-year prison term on anyone who "during and in relation to any... drug trafficking crime... uses a firearm." The lower court had sustained the defendants' convictions, defining "use" in such a way as to mean little more than mere possession. The Supreme Court ruled instead that "use" means "active employment" of a firearm, and sent the cases back to the lower court for further proceedings. As a result of the Court's decision in Bailey, Congress amended the statute to expressly include possession of a firearm as requiring the additional five-year prison term.

Lopez v. Gonzales, 549 U.S. 47 (2006), held that an "aggravated felony" includes only conduct punishable as a felony under the federal Controlled Substances Act, regardless of whether state law classifies such conduct as a felony or a misdemeanor. Under federal law, there are two main consequences of having a prior conviction for an "aggravated felony." One is that, if the convicted person is an alien, he will be deported. The other is that, with respect to certain federal crimes, a prior conviction for an aggravated felony provides a sentencing enhancement. In this case, Lopez had been convicted of conduct that was a felony under South Dakota law but was a misdemeanor under federal law. Accordingly, the U.S. Supreme Court ruled that this conviction could not serve as a basis for deporting him.

The term aggravated felony was used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings. Anyone convicted of an aggravated felony and removed from the United States "must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States." The supreme court ruled 5-4 in Sessions v. Dimaya that the residual clause was unconstitutionally vague limiting the term.

In the United States, the right to keep and bear arms is modulated by a variety of state and federal statutes. These laws generally regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state, local and the federal agencies which include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Burgess v. United States, 553 U.S. 124 (2008), was a United States Supreme Court case concerning the interpretation of the words "federal drug offense" in the Controlled Substances Act.

United States v. Stevens, 559 U.S. 460 (2010), was a decision by the Supreme Court of the United States, which ruled that 18 U.S.C. § 48, a federal statute criminalizing the commercial production, sale, or possession of depictions of cruelty to animals, was an unconstitutional abridgment of the First Amendment right to freedom of speech.

Dean v. United States, 556 U.S. 568 (2009), was a decision by the United States Supreme Court upholding a 10-year penalty for the discharge of a firearm during the commission of any violent or drug trafficking crime, against a bank robber whose gun went off accidentally.

Haywood v. Drown, 556 U.S. 729 (2009), was a United States Supreme Court case in which the Court held that a New York law preventing state trial courts from hearing claims for money damages against prison employees whether based on federal or state law violated the Supremacy Clause of the United States Constitution.

<i>United States v. Kilbride</i>

United States v. Kilbride, 584 F.3d 1240 is a case from the United States Court of Appeals for the Ninth Circuit rejecting an appeal from two individuals convicted of violating the Can Spam Act and United States obscenity law. The defendants were appealing convictions on 8 counts from the District Court of Arizona for distributing pornographic spam via email. The second count which the defendants were found guilty of involved the falsification of the "From" field of email headers, which is illegal to do multiple times in commercial settings under 18 USC § 1037(a)(3). The case is particularly notable because of the majority opinion on obscenity, in which Judge Fletcher writes an argument endorsing the use of a national community obscenity standard for the internet.

Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (2009), is a decision by the United States Supreme Court that reviewed the Environmental Protection Agency's (EPA) interpretation of the Clean Water Act regulations with regard to cooling water intakes for power plants. Existing facilities are mandated to use the "Best Technology Available" to "minimize the adverse environmental impact." The issue was whether the agency may use a cost–benefit analysis (CBA) in choosing the Best Available Technology or (BAT) to meet the National Performance Standards (NPS).

DePierre v. United States, 564 U.S. 70 (2011), was a case in which the Supreme Court of the United States held that the use of the term "cocaine base" in 21 U.S.C. § 841(b)(1) refers to cocaine in its chemically basic form. The decision of the Court was unanimous, except with respect to Part III–A.

United States v. Munoz-Flores, 495 U.S. 385 (1990), was a United States Supreme Court case that interpreted the Origination Clause of the United States Constitution. The Court was asked to rule on whether a statute that imposed mandatory monetary penalties on persons convicted of federal misdemeanors was enacted in violation of that clause, as the lower court had held.

POM Wonderful LLC v. Coca-Cola Co., 573 U.S. 102 (2014), was a United States Supreme Court case that held that a statutory private right of action under the Lanham Act is not precluded by regulatory provisions of the Food, Drug, and Cosmetic Act.

Burrage v. United States, 571 U.S. 204 (2014), was a United States Supreme Court case in which a unanimous Court held that a defendant cannot be liable for penalty enhancement under the penalty enhancement provision of the Controlled Substances Act unless such use is a but-for cause of the death or injury, at least when the use of a drug distributed by the defendant is not an independently sufficient cause of the victim's death or serious bodily injury.

Boyle v. United States, 556 U.S. 938 (2009), is a decision by the United States Supreme Court involving what constitutes an "enterprise" under the Racketeer Influenced and Corrupt Organizations Act (RICO). The Court, in a 7-2 opinion, held that any group convened to carry out a crime meets the definition of an enterprise, even if it was only created for that purpose.

Cone v. Bell, 556 U.S. 449 (2009), was a case in which the United States Supreme Court held that a defendant was entitled to a hearing to determine whether prosecutors in his 1982 death penalty trial violated his right to due process by withholding exculpatory evidence. The defendant, Gary Cone, filed a petition for postconviction relief from a 1982 death sentence in which he argued that prosecutors violated his rights to due process under the Fourteenth Amendment by withholding police reports and witness statements that potentially could have shown that his drug addiction affected his behavior. In an opinion written by Justice John Paul Stevens, the Supreme Court held that Cone was entitled to a hearing to determine whether the prosecution's failure to disclose exculpatory evidence violated Cone's right to due process; the Court noted that "the quantity and the quality of the suppressed evidence lends support to Cone’s position at trial that he habitually used excessive amounts of drugs, that his addiction affected his behavior during his crime spree". In 2016, Gary Cone died from natural causes while still sitting on Tennessee's death row.

United States v. Hansen, 599 U.S. ___ (2023), was a United States Supreme Court case about whether a federal law that criminalizes encouraging or inducing illegal immigration is unconstitutionally overbroad, violating the First Amendment right to free speech.

References