[23-825] Delligatti v. United States

Delligatti v. United States

Justia · Docket · oyez.org

Argued on Nov 12, 2024.

Petitioner: Salvatore Delligatti.
Respondent: United States.

Advocates:

• Allon Kedem (for the Petitioner)
• Eric J. Feigin (for the Respondent)

Facts of the case (from oyez.org)

Salvatore Delligatti, an associate of the Genovese Crime Family, was convicted of various charges, including attempted murder in aid of racketeering (under the Violent Crimes in Aid of Racketeering (VICAR) statute, 18 U.S.C. § 1959(a)(5)), and possession of a firearm in furtherance of a crime of violence (under 18 U.S.C. § 924(c)(1)(A)(i)). Delligatti had organized a plot to murder Joseph Bonelli, a neighborhood bully who had been stealing from a local gas station owner and was suspected of cooperating against bookies associated with the Genovese Crime Family. Delligatti paid another man to coordinate the murder with gang members, providing them with a gun and a car. The murder attempts were ultimately unsuccessful due to the presence of potential witnesses and the arrest of the would-be murderers by law enforcement.

On appeal, Delligatti argued that his firearms conviction should be vacated because the predicate offenses, including the attempted murder charge, were not “crimes of violence” under the law. The U.S. Court of Appeals for the Second Circuit affirmed the lower court’s judgment, concluding that attempted murder in aid of racketeering qualifies as a crime of violence, as it necessarily involves the attempted use of physical force, and therefore upheld Delligatti's firearms conviction.

Question

Does a crime that requires proof of bodily injury or death, but which can be committed by failing to take action, have as an element the use, attempted use, or threatened use of physical force?