Using a Cell Phone to Buy Drugs - Circuits Are Split

A guy uses his own cell phone to purchase drugs.  Does he commit a separate statutory violation by using his own phone? 

The Statutory Construction Blog tells us that circuits are split on the application of 21 USC 843(b) to a fact pattern like this, which means it might make a good moot court or memorandum problem.  That statute prohibits knowingly or intentionally using a "communication facility" in committing or facilitating certain felonies, including drug distribution.  The post at the Statutory Construction Blog includes a link to the Fourth Circuit decision identifying the split.

(mew)

Hat tip to the Statutory Construction Blog