The Supreme Court agreed Monday to take up an appeal from Salvatore Delligatti, a Genovese crime family associate who is challenging a 2018 conviction on a gun charge that added five years to his prison sentence.
Delligatti was convicted of attempted murder, among other crimes, for hatching a plot to murder a local “bully” who was “terrorizing” a gas station that Delligatti and his associates frequented. Delligatti hired members of the Crips gang through an intermediary to carry out the killing, court records show, and gave them a .38 revolver.
Police intercepted the gang members before they were able to carry out the killing. Delligatti was convicted of several crimes and sentenced to 25 years in prison – including five years for the gun charge. That charge was based on a federal law that prohibits people from possessing a gun as part of a “crime of violence.”
Delligatti, also known as “Fat Sal,” argues the underlying crime in his case doesn’t qualify as a crime of violence.
Federal appeals courts have split over how to apply the charge in similar circumstances and the Justice Department – though it opposes Delligatti’s argument in his case – agreed that the Supreme Court should take up his appeal to provide clarity for lower courts.
The Supreme Court in recent years has limited the circumstances under which prosecutors may seek enhanced prison sentences for a “crime of violence.” In a decision Delligatti relies on heavily in his appeal, a 7-2 majority of the Supreme Court two years ago ruled in favor of a Virginia defendant who was convicted of the gun charge for using a gun in an attempted robbery.
The 2nd US Circuit Court of Appeals upheld Delligatti’s conviction.
