Tuesday, June 17, 2008
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.
Hat tip to the Statutory Construction Blog