Skip to main content

Delligatti v. United States

Docket No.23-825
Op. Below2nd Cir.
ArgumentNov 12, 2024

Holding

The knowing or intentional causation of injury or death, whether by act or omission, necessarily involves the "use" of "physical force" against another person within the meaning of 18 U.S.C. § 924(c)(3)(A).

Judgment

Affirmed, 7-2, in an opinion by Clarence Thomas on Mar 21, 2025. Justice Gorsuch filed a dissenting opinion, in which Justice Jackson joined.

Proceedings & orders timeline

Jan 29, 2024
Petition for a writ of certiorari filed. (Response due March 1, 2024)
Feb 21, 2024
Motion to extend the time to file a response from March 1, 2024 to April 1, 2024, submitted to The Clerk.
Feb 22, 2024
Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2024.
Feb 29, 2024
Brief amicus curiae of National Association for Public Defense filed.
Mar 1, 2024
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Mar 7, 2024
Motion to extend the time to file a response from April 1, 2024 to May 1, 2024, submitted to The Clerk.
Mar 8, 2024
Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2024.
May 1, 2024
Brief for the United States filed.
May 3, 2024
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
May 7, 2024
DISTRIBUTED for Conference of 5/23/2024.
May 7, 2024
Reply of petitioner Salvatore Delligatti filed. (Distributed)
May 28, 2024
DISTRIBUTED for Conference of 5/30/2024.
Jun 3, 2024
Petition GRANTED.
Jun 10, 2024
Motion for an extension of time to file the briefs on the merits filed.
Jun 13, 2024
Motion to dispense with printing the joint appendix filed by petitioner Salvatore Delligatti.
Jun 24, 2024
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jul 8, 2024
Motion to extend the time to file the briefs on the merits granted. The time to file petitioner's brief on the merits is extended to and including August 8, 2024. The time to file respondent's brief on the merits is extended to and including September 30, 2024.
Jul 26, 2024
SET FOR ARGUMENT on Tuesday, November 12, 2024.
Aug 8, 2024
Brief of petitioner Salvatore Delligatti filed.
Aug 9, 2024
Record requested from the United States Court of Appeals for the Second Circuit.
Aug 15, 2024
Brief amici curiae of Federal Public Defender Offices in the Second Circuit filed.
Aug 15, 2024
Brief amicus curiae of National Association for Public Defense filed.
Aug 15, 2024
Brief amici curiae of National Association of Criminal Defense Lawyers filed.
Aug 16, 2024
Sealed material received from the United States District Court for the Southern District of New York and available with the Clerk (one envelope). The remainder of the SDNY record is available on PACER.
Aug 20, 2024
Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
Sep 30, 2024
Brief of respondent United States filed.
Oct 1, 2024
CIRCULATED
Oct 30, 2024
Reply of petitioner Salvatore Delligatti filed. (Distributed)
Nov 12, 2024
Argued. For petitioner: Allon Kedem, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
Mar 21, 2025
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Jackson, J., joined.
Apr 22, 2025
Judgment Issued.
Aug 6, 2025
Record returned to the United States District Court for the Southern District of New York.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.