Delligatti v. United States: Defining Physical Force in Attempted Murder

The 2024–2025 docket season will witness the U.S. Supreme Court decide the legal matter of Delligatti v. United States—the outcome of this case will determine whether or not the plaintiff is found guilty of committing attempted murder. The pleading of the case by the Supreme Court is that the plaintiff, Salvatore Delligatti, is found guilty of attempted murder, racketeering activity, as well as possession of a firearm in furtherance of a crime of violence. Salvatore Delligatti, an associate with the Genovese Crime Family, plotted to murder the neighborhood bully, Joseph Bonnelli, who was another associate with the Genovese Crime Family. Delligatti paid off a man to coordinate the murder with gang members, supplying them with a gun and a getaway car. However, the murder attempts against Joseph Bonneli were unsuccessful as there was a potential witness and the police were at the scene. Delligatti was charged with attempted murder, racketeering activity, and possession of a firearm in furtherance of a crime of violence in the Supreme Court. Delligatti appealed for his case in the Second Circuit and argued that his firearm conviction should be vacated and that his charge of attempted murder should be dropped since the crime wasn’t a crime of violence. Even if no physical force was used, a crime involving bodily harm or death nevertheless qualifies as physical force. One can broaden the concept of "death" or "bodily injury" to include "attempt of bodily injury/death."

The District Court case utilizes 18 U.S. Code § 1959, which refers to Violent Crimes in Aid of Racketeering. The 18 U.S. Code § 1959 establishes guidelines that determine the criminal liability of racketeering activities that occurred during the crime. The District Court has interpreted  18 U.S. Code § 1959, arguing that conspiracy to commit attempted murder in aid of racketeering was a crime of violence because attempted murder was a crime of violence under New York State law. Under the circumstances of the Delligatti v. United States, the case was originally tried by a district judge who determined that Salvatore Delligatti, alongside his accomplice, was in violation of 18 U.S. Code § 1959 and sentenced to 300 months in prison.

In light of the ruling, Salvatore Delligatti issued a petition for the U.S. Court of Appeals for the Second Circuit to rehear his case subsequently after the recent Supreme Court decision in the United States v. Taylor case. In the United States v. Taylor case, the Supreme Court established that one element of attempted robbery under 18 U.S. Code  § 1951 could satisfy the attempted threat of force. The Supreme Court also justifies that the attempted threat of force hypothetically does not require the attempted use of physical force. Hearing this, the U.S. Court of Appeals for the Second Circuit agrees to rehear Delligatti's appeal because, unlike attempted robbery, attempted murder requires the intent to use physical force and the fundamental steps towards the use of physical force. 

The US Supreme Court upheld the ruling of the Second Circuit. According to the Court, using physical force against another individual is a necessary component of knowing or purposefully causing harm or death, whether by an act or omission, as defined by §924(c)(3)(A). The Court extended the reasoning of United States v. Castleman to §924(c), reasoning that intentional physical damage cannot be done without physical force. The Court concluded that, in accordance with the ingredients clause of §924(c), second-degree murder in New York, including by omission, is a violent crime.

The undecided Supreme Court hearing will bring with it implications for future crimes regarding physical force being present in a crime that involves bodily injury or death, even if no physical action was taken. While the principles established by 18 U.S. Code § 1959 establish criminal culpability for racketeering actions that took place during the offense, there are clearly multiple definitions as to what is justified as attempted murder. These definitions raise concerns as to what is considered attempted murder. A Supreme Court ruling in favor of Salvatore Delligatti will undoubtedly serve to strengthen the relative definition of attempted murder. As such, the U.S. Supreme Court should rule in favor of the United States to define a clear definition regarding physical force being present in a crime that involves bodily injury or death, even if no physical action was taken.