Delligatti v. United States

Delligatti v. United States
Argued November 12, 2024
Decided March 21, 2025
Full case nameSalvatore Delligatti v. United States
Docket no.23-825
Citations604 U.S. ___ (more)
ArgumentOral argument
DecisionOpinion
Case history
Prior83 F. 4th 113 (2d Cir.)
Questions presented
Does a crime that requires proof of bodily injury or death, but can be committed by failing to take action, involve the use, attempted use, or threatened use of physical force?
Holding
A state second-degree murder charge that includes omission satisfies the federal criminal code's definition of violent crime.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Amy Coney Barrett · Ketanji Brown Jackson
Case opinions
MajorityThomas, joined by Roberts, Alito, Sotomayor, Kagan, Kavanaugh, and Barrett
DissentGorsuch, joined by Jackson
Laws applied
18 U.S.C. §924(c)

Delligatti v. United States, 604 U.S. ___ (2025), is a United States Supreme Court case clarifying that Title 18 of the US Code's definition of "violent crime" encompasses crimes of omission that result in physical force using firearms.