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
[updated January 1998] [cited in USAM 9-60.500]