the offense, the commission of which was the object of the attempt or conspiracy and inserting fined under title 18, United States Code, imprisoned not more than 5 years, or both, except that in no case may the penalty for an offense under this section exceed the penalty for the underlying offense, the commission of which was the object of the attempt or conspiracy . 402. Increasing judicial discretion to sentence less culpable justice-involved individuals (a) In general Section 3553(e) of title 18, United States Code, is amended— (1) by striking Upon motion and inserting: (1) Motion of the government Upon motion