Delligatti v. United States

Salvatore Delligatti was convicted in federal court of multiple offenses, including violating 18 U.S.C. § 924(c) by using a firearm during a crime of violence. The predicate offense was attempted first-degree murder under New York law. The U.S. Court of Appeals for the Second Circuit upheld the conviction, ruling that New York attempted first-degree murder qualifies as a crime of violence because its elements require intent to kill and conduct tending to cause death, which necessarily involves the attempted use of physical force. On March 21, 2025, the U.S. Supreme Court affirmed, holding that the offense falls within the elements clause of § 924(c)(3)(A).

The U.S. Supreme Court affirmed the lower courts, holding by a 7-2 vote that New York attempted first-degree murder qualifies as a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A).

Whether attempted first-degree murder under New York law constitutes a "crime of violence" under 18 U.S.C. § 924(c)(3)(A), specifically whether its elements necessarily involve the use, attempted use, or threatened use of physical force against the person or property of another.

The ruling clarifies the scope of federal firearm offenses involving violent crimes, potentially affecting sentencing and prosecution of inchoate offenses. It reinforces that attempted murder with intent to kill falls within federal violent crime definitions, even if the attempt does not involve direct physical contact.