The US Supreme Court is examining a unique legal question: whether an attempted murder plot qualifies as a "crime of violence" when no physical force was actually used.

Salvatore "Fat Sal" Delligatti, a Genovese Crime Family associate, is challenging part of his 2018 conviction. While serving 25 years for racketeering and attempted murder, he's contesting an additional 5-year sentence for "possessing a firearm in furtherance of a crime of violence."

In 2014, Delligatti planned to eliminate a competitor in his illegal sports betting operation by hiring Crips gang members. He provided them with a .38 revolver and a getaway car, but police intercepted the would-be killers before they reached their target in Queens.

The Legal Argument

Delligatti's lawyer, Allon Kedem, argues that:

Murder can technically occur without violence (through inaction)
Physical force requires active contact with a victim
Some lethal crimes (like withholding medical care) don't involve violence
Therefore, attempted murder shouldn't automatically qualify as a "crime of violence"

Supreme Court Response

The justices had mixed reactions:

Some explored theoretical scenarios involving passive acts leading to death
Justice Amy Coney Barrett found it counterintuitive to classify murder as non-violent
Justice Samuel Alito questioned whether this aligned with Congress's intent regarding armed criminals

The Court's decision, expected by summer 2025, will help lower courts determine how to apply firearm charges in relation to violent crimes. The ruling could have significant implications for similar cases nationwide.

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