In what circumstances will a court interpret Section 373 of the Criminal Code as a finding that a violation of the statute has occurred?

Interpreting 373 categorically is also in accord with the admittedly meager case law on this issue. We have previously reasoned that the court examines, not the result, but the defendant's intent, in determining whether a violation of 373 has occurred. See United States v. Korab, 893 F.2d 212, 215 (9th Cir.1989) (noting that 373 "requires a finding, not that a federal offense resulted, but that [the defendant] intended that acts constituting a federal offense result"). Although the issue of whether the statute has been violated differs from the question of the maximum authorized sentence, Korab indicates that in interpreting 373, the court should look, not at the result of the underlying crime, but at the defendant's intended crime--that is, the crime solicited. ² See also United States v. Schmidt, 105 F.3d 82 (2d Cir.1997) (adopting a categorical approach to

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