The Supreme Court heard oral arguments today in a case in which a criminal defendant was arrested for buying cocaine using a cell phone. The purchase itself would only have been a misdemeanor. However, since he used a cell phone to make a purchase the government is attempting to use a law that,
prohibits the use of a communication facility in causing or facilitating the commission of any act constituting a felony under the Controlled Substances Act...
to convict the defendant of a felony. Although the purchase would be a misdemeanor, the sale and distribution is a felony. Therefore, (according to the government) the defendant's phone is the "communication facility" from the law quoted above and now he is a felon.
I'm sure what this person needs is to be convicted of a felony and have his prospects for a decent life completely ruined. It would be awful if he got off with a misdemeanor and maybe some drug treatment if he needed it. Nah, lets throw him in jail and turn him into a convicted felon. I just hope the Supreme Court makes the moral decision here.