1088

Constitutionality

In United States v. Buckalew, 859 F.2d 1052 (1st Cir. 1988), the defendant challenged the constitutionality of the solicitation statute on vagueness grounds. The First Circuit upheld the constitutionality of § 373, emphasizing that the statute "picks out those who persuade others to commit a violent crime, seriously intending that they do so." Id. at 1054. The solicitation offense is unaffected by the fact that the criminal activity may go further and become a chargeable conspiracy. Id. [updated January 1998] [cited in USAM 9-60.500]