The US Supreme Court on Monday agreed to hear Delligatti v. United States and reassess the definition of a “crime of violence” under 18 US Code § 924(c)(3). The court granted the case certiorari and added it to its docket for the 2024 to 2025 term.

Under the statute, a “crime of violence” is defined as an offense that is a felony and “has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” However, this definition has emerged as controversial as courts have disagreed over applying the definition. More specifically, there has been debate over the use of force language in the statute. This brings the court to the issue in Delligatti v. United States, which is “[w]hether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.”

In Delligatti v. United States, the petitioner, Delligatti, an associate in the Genovese Crime Family, was paid by a local gas station owner to murder Joseph Bonelli, also known as the local “bully”, after Bonelli allegedly was causing some problems. The petitioner assembled a “murder crew” and provided them with a weapon. The crew promptly drove to Bonelli’s home, planning to murder him. However, the plan was abandoned after a potential witness arrived on the scene. Law enforcement was waiting when the crew returned to carry out the murder. The petitioner was charged with violating 18 US Code § 1962 (d), 18 US Code § 1955, 18 US Code § 1958, 18 US Code § 1959(a)(5) and 18 US Code § 924(c)(1)(A)(i) by a grand jury in the Southern District of New York. Deligatti was sentenced to 300 months in prison.

The Second Circuit held that inaction qualified as involving the use of physical force. However, two separate courts of appeals have held that the use of force is not an element of crime that may be committed by inaction.

Delligatti’s conviction currently stands. Oral arguments are scheduled to take place during the court’s next term, which begins in October.