Delligatti faced multiple charges, including racketeering conspiracy, operating an illegal gambling business, conspiracy to commit murder for hire, and attempted murder in aid of racketeering. He was convicted and is currently serving a 25-year prison sentence.
Legal Implications
Central to the case is Delligatti’s conviction under the federal Violent Crimes in Aid of Racketeering statute, linked to a New York statute for second-degree attempted murder. The state statute’s elements can be proved without affirmative action, which the Second Circuit deemed a violent crime involving physical force. This view is supported by seven other circuits but opposed by the Third and Fifth circuits.
Delligatti’s brief stresses the widespread impact of this issue on federal law related to crimes of violence, including those involving firearms, the Armed Career Criminal Act, and the Immigration and Nationality Act. “The time to take up the question is now,” argued Delligatti’s petition, describing the circuit split as well-developed and entrenched.
Supreme Court Mob Case Hearing :Government’s Argument
The U.S. solicitor general’s brief asserts that Congress considered the causation of violent acts when passing the firearm statute under which Delligatti was charged. The government contends that excluding premeditated acts like causing death by starvation through denial of food would defy common sense.
