Salman Khade Abuelhawa (defendant) purchased cocaine from drug dealer Mohammed Said on two occasions. The purchases were facilitated over the course of six phone calls between Abuelhawa and Said. Although Abuelhawa’s purchase of cocaine was a misdemeanor offense, Abuelhawa was charged with six felony counts under 21 U.S.C. § 843(b) on the ground that he facilitated Said’s felony drug sales through the use of the phone. The jury convicted Abuelhawa on all six felony counts. The Court of Appeals for the Fourth Circuit affirmed, reasoning that the phone calls facilitated the felony sale by making it easier to take place. The United States Supreme Court granted certiorari.