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Delligatti v. United States

Docket No. Argument Opinion Vote Author Term
23-825 Nov 12, 2024 Mar 21, 2025 7-2 Thomas OT 2024

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 18 U.S.C. " 924(c)(3)(A).

Judgment: Affirmed, 7-2, in an opinion by Justice Thomas on March 21, 2025. Justice Gorsuch filed a dissenting opinion, in which Justice Jackson joined.

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DateProceedings and Orders (key to color coding)
01/29/2024Petition for a writ of certiorari filed. (Response due March 1, 2024)
02/21/2024Motion to extend the time to file a response from March 1, 2024 to April 1, 2024, submitted to The Clerk.
02/22/2024Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2024.
02/29/2024Brief amicus curiae of National Association for Public Defense filed.
03/01/2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
03/07/2024Motion to extend the time to file a response from April 1, 2024 to May 1, 2024, submitted to The Clerk.
03/08/2024Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2024.
05/01/2024Brief for the United States filed.
05/03/2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
05/07/2024DISTRIBUTED for Conference of 5/23/2024.
05/07/2024Reply of petitioner Salvatore Delligatti filed. (Distributed)
05/28/2024DISTRIBUTED for Conference of 5/30/2024.
06/03/2024Petition GRANTED.
06/10/2024Motion for an extension of time to file the briefs on the merits filed.
06/13/2024Motion to dispense with printing the joint appendix filed by petitioner Salvatore Delligatti.
06/24/2024Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
07/08/2024Motion to extend the time to file the briefs on the merits granted. The time to file petitioner's brief on the merits is extended to and including August 8, 2024. The time to file respondent's brief on the merits is extended to and including September 30, 2024.
07/26/2024SET FOR ARGUMENT on Tuesday, November 12, 2024.
08/08/2024Brief of petitioner Salvatore Delligatti filed.
08/09/2024Record requested from the United States Court of Appeals for the Second Circuit.
08/15/2024Brief amici curiae of Federal Public Defender Offices in the Second Circuit filed.
08/15/2024Brief amicus curiae of National Association for Public Defense filed.
08/15/2024Brief amici curiae of National Association of Criminal Defense Lawyers filed.
08/16/2024Sealed material received from the United States District Court for the Southern District of New York and available with the Clerk (one envelope). The remainder of the SDNY record is available on PACER.
08/20/2024Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
09/30/2024Brief of respondent United States filed.
10/01/2024CIRCULATED
10/30/2024Reply of petitioner Salvatore Delligatti filed. (Distributed)
11/12/2024Argued. For petitioner: Allon Kedem, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
03/21/2025Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Jackson, J., joined.
04/22/2025Judgment Issued.