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]