Delligatti v. United States
U.S. Supreme Court · decided March 21, 2025 · Supreme Court Database (Spaeth)
- Decided
- March 21, 2025
- Term
- October Term 2024
- Vote
- 7–2
- Majority author
- Justice Thomas
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
PRELIMINARY PRINT Volume 604 U. S. Part 2 Pages 423–457 OFFICIAL REPORTS OF THE SUPREME COURT March 21, 2025 Page Proof Pending Publication REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. OCTOBER TERM, 2024 423 Syllabus DELLIGATTI v. UNITED STATES certiorari to the united states court of appeals for the second circuit No. 23–825. Argued November 12, 2024—Decided March 21, 2025 Title 18 U. S. C. § 924(c) subjects a person who uses or carries a frearm during a “crime of violence” to a mandatory minimum sentence of fve years. §§924(c)(1)(A)(i) and (D)(ii). Section 924(c)(3)(A) defines a “crime of violence” as a felony that “has as an element the use, at- tempted use, or threatened use of physical force against the person or property of another.” To determine whether an offense falls within § 924(c)(3)(A)'s “elements clause,” the Court applies the categorical ap- proach, asking whether the offense in question always involves the use, attempted use, or threatened use of force. Here, Salvatore Delligatti was convicted of violating § 924(c) after he recruited gang members to kill a suspected police informant…
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