Conspiracy-Solicitation to Commit Murder – 18 U.S.C. § 1117 Sentencing Guidelines

Thanks for visiting Federal Lawyers. We’re a second-generation firm managed by our lead attorney, with over 40 years of combined experience defending clients against federal conspiracy charges—including the most serious: conspiracy to commit murder under 18 U.S.C. § 1117. When federal prosecutors charge murder conspiracy, they’re alleging an agreement to kill someone, even if the murder never happened. That’s the troubling power of conspiracy law: punishing what people planned, not just what they did.

This article explains how federal conspiracy and solicitation to commit murder sentencing works under current guidelines, why the law treats incomplete crimes so seriously, and how defense attorneys challenge the agreement and overt act elements that distinguish protected speech from criminal conspiracy.

What 18 U.S.C. § 1117 Criminalizes: Agreement Plus Action

Federal law punishes conspiracy to violate murder statutes—sections 1111 (murder), 1114 (murder of federal officials), 1116 (murder of foreign officials), and 1119 (foreign murder of U.S. nationals). The statute requires two elements: an agreement between two or more people to commit murder, and at least one overt act by any conspirator toward accomplishing that murder.

The overt act requirement matters constitutionally. Without it, mere conversation—discussing hypothetical scenarios, expressing anger toward someone, even saying “I wish they were dead”—could become criminal. The overt act requirement ensures conspiracy law targets concrete steps toward violence, not just dangerous thoughts. But here’s the problem: the overt act can be minor. Buying a weapon. Conducting surveillance. Making a phone call. These ordinary actions become criminal when prosecutors prove they were done in furtherance of a murder agreement.

The statute authorizes sentences of “any term of years or for life”—the same penalties first-degree murder carries. Congress made the potential punishment equivalent because conspiracy is inherently dangerous: multiple people working together toward a killing represent organized criminal conduct prosecutors consider as threatening as the murder itself.

Federal Sentencing Guidelines: Offense Level 33

Under §2A1.5 of the Federal Sentencing Guidelines, conspiracy or solicitation to commit first-degree murder receives a base offense level of 33. This assumes the murder was never completed. At Criminal History Category I, that yields 135-168 months—roughly 11 to 14 years. With acceptance of responsibility (−3 levels to offense level 30), sentences drop to 97-121 months (about 8-10 years).

Compare this to completed first-degree murder at offense level 43 (mandatory life). The ten-level difference reflects that attempted or planned murders, while serious, don’t carry the same moral weight as taking a life. But 11-14 years for an incomplete crime still represents substantial punishment—longer than many actual homicides at the state level.

The Murder-for-Hire Enhancement: Add 4 Levels

If the conspiracy involved offering or receiving anything of pecuniary value for undertaking the murder—hiring a hit man, paying someone to kill—the guideline adds 4 levels, bringing the base to offense level 37. At Category I, that means 210-262 months (roughly 17.5 to 22 years). Why the enhancement? Congress and the Sentencing Commission view murder-for-hire as especially dangerous: cold-blooded, calculated, commodified killing that transforms homicide into a commercial transaction.

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The enhancement applies whether you’re the person offering payment or receiving it. Hiring a killer carries the same enhancement as being the killer-for-hire. Both participate in treating human life as something that can be purchased and extinguished for money—conduct the guidelines punish severely even when the murder never happens.

Legal Scenario: What Would You Do?

Scenario

Your ex-spouse's new partner contacted you claiming they recorded a phone call where you allegedly discussed hiring someone to harm your ex. Federal agents showed up at your workplace with a warrant, saying a confidential informant wore a wire during a conversation where you supposedly agreed to pay for a violent act against your former spouse.

Can I really be charged with conspiracy to commit murder under 18 U.S.C. § 1117 even though no one was actually harmed?

Attorney's Answer

Under 18 U.S.C. § 1117, the government only needs to prove that two or more persons conspired to violate the federal murder statutes under 18 U.S.C. §§ 1111, 1112, or 1114—no completed act of violence is required. A conviction carries a sentence up to life imprisonment, and under the federal sentencing guidelines, even an uncompleted conspiracy can result in a base offense level equivalent to first-degree murder if the government proves specific intent. Your defense will focus on challenging the reliability of the recorded evidence, questioning whether your statements constituted a genuine agreement versus mere talk, and examining whether entrapment by the informant played a role. Early intervention by experienced federal defense counsel is critical because prosecutors in § 1117 cases often pressure defendants with mandatory minimum sentences to secure cooperation agreements.

This is general information only. Contact us for advice specific to your situation.

Cross References: If the Murder Actually Occurs

Guideline §2A1.5 contains critical cross references. If the conspiracy resulted in the death of a victim, courts don’t apply offense level 33—they apply §2A1.1 (First Degree Murder), which is offense level 43 with mandatory life or death penalties. If the conspiracy resulted in attempted murder or assault with intent to commit murder, courts apply §2A2.1 (Attempted Murder), which is offense level 28-33 depending on circumstances.