What is the test for an individual to be charged with an attempted murder?

The crime of attempt consists of two elements. First, the government must prove "culpable intent." United States v. Snell, 627 F.2d 186, 187 (9th Cir.1980), cert. denied, 450 U.S. 957, 101 S.Ct. 1416, 67 L.Ed.2d 382 (1981). In other words, "the defendant must have been acting with the kind of culpability otherwise required for the commission of the crime which he is charged with attempting." United States v. Mandujano, 499 F.2d 370, 376 (5th Cir.1974), cert. denied, 419 U.S. 1114, 95 S.Ct. 792, 42 L.Ed.2d 812 (1975). The second element is "conduct constituting a substantial step toward commission of the crime that strongly corroborates that intent." Snell, 627 F.2d at 187.