UNITED STATES of America, Plaintiff-Appellee, v. Jorge MARTINEZ-MARTINEZ, Defendant-Appellant

REINHARDT, Circuit Judge:

In this case, we consider what it means to be “about to complete” all acts necessary for commission of a crime under United States Sentencing Guideline § 2X1.1(b)(2). This phrase becomes important when a person arrested before completing the substantive offense is convicted of a conspiracy to commit the crime and that conspiracy is not covered by a specific offense guideline. The Sentencing Guidelines entitle a defendant convicted of such a conspiracy to be sentenced at an offense level three points below that applicable to the underlying substantive offense, unless…