Court limits Phone drug buys applicability

WASHINGTON – Coxwell & Associates partner, Chuck Mullins, who handles serious drug cases in Jackson, Hinds County Mississippi, posted this article: The Supreme Court says that people who buy drugs over the telephone shouldn’t get more prison time than people who buy face-to-face from dealers.
The court Tuesday unanimously overturned a decision by the 4th U.S. Circuit Court of Appeals in Richmond, Va.

The law makes it a felony to use a communication device in “committing or in causing or in facilitating” a drug purchase.

Prosecutors say that Salman Khade Abuelhawa’s use of a cell phone for a misdemeanor purchase of around $120 of cocaine fell under the statute. The 4th U.S. Circuit Court of Appeals upheld the conviction.

But the high court said Congress did not intend for phone buyers to get more jail time than people who walk up to dealers and buy drugs.

Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.

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