Alleged Mobster’s Appeal in Attempted Murder Case Heard by Supreme Court
The plea is in response to the high court’s recent decision to make it more challenging to extend prison sentences for violent crimes.
The Supreme Court heard arguments on Nov. 12 regarding Salvatore “Fat Sal” Delligatti’s appeal challenging a conviction for attempted murder. Delligatti, an alleged associate of the Genovese crime family, argued that his conviction should not be considered a violent crime as no physical force was used.
Two years ago, the Supreme Court voted 7-2 to limit enhanced penalties for crimes involving firearms. In a similar vein, the court ruled that an attempted Hobbs Act robbery does not necessarily constitute a violent crime, thus rejecting a longer sentence for the perpetrator.
In 2017, Delligatti was indicted on various charges, including racketeering conspiracy and attempted murder under the Hobbs Act. The section authorizes harsher punishments for using a firearm in connection with a crime of violence.
Despite Delligatti’s argument, the federal district court denied his motion to dismiss, leading to his conviction in 2018 and subsequent sentencing to 300 months in prison. The U.S. Court of Appeals for the Second Circuit affirmed the conviction in 2023.
During the oral arguments, Delligatti’s attorney argued that a violent crime requires direct physical force and cannot be based on omission. Justices raised hypothetical scenarios, challenging the government’s interpretation of what constitutes the use of violent force.
Deputy Solicitor General Eric Feigin defended the government’s position, stating that acts of omission should be treated similarly to other acts in the context of violent crimes.
The Supreme Court is expected to issue a ruling on the case by June 2025.
