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388 74 Controlled Substances (Unlawful Use Of Communications Facility) 21 USC § 843(b) Title 21, United States Code, Section 843(b), makes it a separate Federal crime or offense for anyone to knowingly use a communication facility in committing, or "facilitating" the commission of, another offense in violation of [Section 841(a)(1) such as the crime charged in Count]. The Defendant can be found guilty of the offense of unlawful use of a communication facility as charged in Count only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant used a "communication facility," as charged; Second: That the Defendant used the communication facility while in the process of committing, or to "facilitate" the commission of, t he offense charged in Count of the indictment; and Third: That the Defendant acted knowingly and willfully. The term " communication facility" includes all mail, telephone, wire, radio, and computer-based communication systems. To " facilitate" the commission of a crime merely means to use a communication facility in a way which aids or assists the commission of the crime. The Government does not have to prove, however, that the other crime - - the facilitated offense - - was successfully carried out or completed. ANNOTATIONS AND COMMENTS 21 USC § 843(b) provides: It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of this subchapter or subchapter II of this chapter. Maximum Penalty: Four (4) years imprisonment and $30,000 fine. § 84 3(c). "Each separate use of a communication facility shall be a separate offense under this subsection." § 843(b) " Communication facility" means " any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio and all other means of communication." § 843(b). In addition t o wire-based e-mail (e.g. on the Internet), computers can now communicate via microwave, FM-frequency, infrared and by other non-wire based media. The statute, how ever, contemplates "any and all" forms of communication facilities. No plain error by giving jury instruction that did not require the Government to prove that the underlying felony was facilitated by the use of the telephone; the instruction required the Government to prove that Defendant used a communication facility to facilitate the knowing and intent ional distribution of a Schedule II controlled substance and t hat the Defendant did so knowingly and intentionally. U. S. v. Milton, 62 F.3d 1292, 1294-95 (10t h Cir. 19 95). The Government does not have to prove that the facilitated offense was successfully completed. Unit ed States v. Milt on, 62 F.3d 1292 (10th Cir. 1995).