Case Info: Delligatti v. United States | Case No. 23-825 | Date Argued: 11/12/24 | Date Decided: 3/21/25

Link to Docket: Here.

Background:

Under 18 U.S.C. § 924(c)(3)(A), a felony qualifies as a "crime of violence" if it "has as an element the use, attempted use, or threatened use of physical force against the person or property of another." Courts have disagreed about how to apply use-of-force language to crimes that require proof of a victim's bodily injury or death but can be committed by failing to take action.

In the decision below, the Second Circuit held that any crime requiring proof of death or bodily injury categorically involves the use of physical force, even if it can be committed through inaction-such as by failing to provide medicine to someone who is sick or by failing to feed a child. That ruling reflects the law in eight circuits.

Two courts of appeals, by contrast, have held that the use of force is not an element of such crimes if the crime may be committed by inaction. One of those courts recently rejected the government's petition for rehearing en banc, which had argued that any crime requiring proof of bodily injury or death necessarily involves the use, attempted use, or threatened use of physical force.

Question Presented: Whether a crime that requires proof of bodily injury or death, but can be  committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.

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 §924(c)(3)(A).

Result: Affirmed.

Voting Breakdown: Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Sotomayor, Kagan, Kavanaugh, and Barrett joined.  Justice Gorsuch filed a dissenting opinion, in which Justice Jackson joined.

Link to Opinion: Here.

Oral Advocates:

• For petitioner: Allon Kedem, Washington, D. C.
• For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.

Website Link to Opinion Summary: Here.

Apple Podcast Link to Opinion Summary: Here.