The question
Whether a crime that requires knowingly or intentionally causing bodily injury or death, including through omission of a legal duty, qualifies as a "crime of violence" under the elements clause of 18 U.S.C. section 924(c)(3)(A).
Delligatti v. United States
What the Court decided
The Court affirmed. Delligatti's conviction under 18 U.S.C. section 924(c) stands. The Court held that knowingly or intentionally causing injury or death, whether by act or omission, necessarily involves the "use" of "physical force" against another person under section 924(c)(3)(A). Because New York second-degree murder requires intentionally causing the death of another, an attempted-murder VICAR offense predicated on it qualifies as a crime of violence.
How the justices split
7-2The Court's opinion
Thomas, joined by Roberts, Alito, Sotomayor, Kagan, Kavanaugh, Barrett
The knowing or intentional causation of injury or death necessarily involves the use of physical force under section 924(c)(3)(A). It is impossible to deliberately cause physical harm without using physical force. The reasoning of United States v. Castleman, that knowing or intentional causation of bodily injury necessarily involves the use of physical force, extends to section 924(c). The difference between battery-level force and violent force is immaterial because, under Stokeling v. United States, any force that actually causes injury or death satisfies the violent-force standard, and such force can be applied indirectly. New York second-degree murder requires intentionally causing the death of another and therefore qualifies as a crime of violence, and causation by omission of a legal duty still satisfies but-for actual causality under Burrage v. United States.
Dissenting
Gorsuch, joined by Jackson
Gorsuch filed a dissenting opinion, joined by Jackson, disagreeing that the knowing or intentional causation of injury or death by omission of a legal duty falls within the use of physical force under section 924(c)(3)(A).
How we know · 5 sourced claims
Thomas delivered the opinion of the Court, joined by Roberts, Alito, Sotomayor, Kagan, Kavanaugh, and Barrett.
Source: syllabus, lineup
Gorsuch filed a dissenting opinion, joined by Jackson.
Source: syllabus, lineup
The Court held that knowing or intentional causation of injury or death, whether by act or omission, necessarily involves the use of physical force under section 924(c)(3)(A).
Source: syllabus, Held
The Court relied on United States v. Castleman, holding that its logic forecloses Delligatti's challenge because New York second-degree murder requires proof of intentionally causing death.
Source: syllabus, Held
The case arose on certiorari to the United States Court of Appeals for the Second Circuit.
Source: syllabus, Held