Does a Crime That Requires Proof of Bodily Injury or Death, Which Can Also Be Committed by Failing to Act, Have as an Element "The Use, Attempted Use, or Threatened Use of Physical Force" Rendering 18 U.S.C. § 924(c)(3)(A) Applicable?

Salvatore Delligatti, a Genovese crime family associate, was convicted of various criminal charges including, but not limited to, possession of a firearm in furtherance of a crime of violence. The charges against him arose from a failed murder-for-hire plot against Joseph Bonelli, who was seen as a threat to the family’s gambling operations. After one failed attempt, law enforcement became aware of the crime; therefore, Delligatti was charged and convicted. On appeal, Delligatti argued that the possession of a firearm in furtherance of a crime of violence charge should be overturned because the predicated offenses did not meet the definition of “crime of violence” based on the statutory interpretation. However, the Second Circuit Court of Appeals ruled in favor of the government, finding that the attempted murder in aid of racketeering conviction qualified as a crime of violence since it involves the attempted use of physical force. [ABSTRACT FROM AUTHOR]