Attempt, Solicitation, or Conspiracy (Not Covered by a Specific Offense

Guideline) (a) Base Offense Level: The base offense level from the guideline for the sub- stantive offense, plus any adjustments from such guideline for any in- tended offense conduct that can be established with reasonable certainty. (b) Specific Offense Characteristics (1) If an attempt, decrease by 3 levels, unless the defendant completed all the acts the defendant believed necessary for successful completion of the substantive offense or the circumstances demonstrate that the defendant was about to complete all such acts but for apprehension or interruption by some similar event beyond the defendant’s control. (2) If a conspiracy, decrease by 3 levels, unless the defendant or a co-con- spirator completed all the acts the conspirators believed necessary on their part for the successful completion of the substantive offense or the circumstances demonstrate that the conspirators were about to complete all such acts but for apprehension or interruption by some similar event beyond their control. (3) (A) If a solicitation, decrease by 3 levels unless the person solicited to commit or aid the substantive offense completed all the acts he believed necessary for successful completion of the substantive offense or the circumstances demonstrate that the person was about to complete all such acts but for apprehension or interrup- tion by some similar event beyond such person’s control. (B) If the statute treats solicitation of the substantive offense identi- cally with the substantive offense, do not apply subdivision (A) above; i.e., the offense level for solicitation is the same as that for the substantive offense. (c) Cross Reference (1) When an attempt, solicitation, or conspiracy is expressly covered by another offense guideline section, apply that guideline section. Guidelines Manual (November 1, 2024) ║ 343 §2X1.1 (d) Special Instruction (1) Subsection (b) shall not apply to: (A) Any of the following offenses, if such offense involved, or was in- tended to promote, a federal crime of terrorism as defined in 18 U.S.C. § 2332b(g)(5): 18 U.S.C. § 81; 18 U.S.C. § 930(c); 18 U.S.C. § 1362; 18 U.S.C. § 1363; 18 U.S.C. § 1992(a)(1)–(a)(7), (a)(9), (a)(10); 18 U.S.C. § 2339A; 18 U.S.C. § 2340A; 49 U.S.C. § 46504; 49 U.S.C. § 46505; and 49 U.S.C. § 60123(b). (B) Any of the following offenses: 18 U.S.C. § 32; and 18 U.S.C. § 2332a. Commentary Statutory Provisions: 18 U.S.C. §§ 371, 372, 2271, 2282A, 2282B. For additional statutory provi- sion(s), see Appendix A (Statutory Index). Application Notes: 1. Certain attempts, conspiracies, and solicitations are expressly covered by other offense guide- lines. Offense guidelines that expressly cover attempts include: §§2A2.1, 2A3.1, 2A3.2, 2A3.3, 2A3.4, 2A4.2, 2A5.1; §§2C1.1, 2C1.2; §§2D1.1, 2D1.2, 2D1.5, 2D1.6, 2D1.7, 2D1.8, 2D1.9, 2D1.10, 2D1.11, 2D1.12, 2D1.13, 2D2.1, 2D2.2, 2D3.1, 2D3.2; §2E5.1; §2M6.1; §2N1.1;