United States Court of Appeals for the Second Circuit

August Term 2019

Argued: November 18, 2019 Decided: June 8, 2022 Amended: October 2, 2023

Nos. 18-2482(L), 18-2610(Con)

UNITED STATES OF AMERICA,

Appellee,

v.

STEVEN PASTORE, SALVATORE DELLIGATTI,

Defendants-Appellants.

Appeal from the United States District Court for the Southern District of New York No. 15-cr-491, Katherine B. Forrest, Judge.

Before: WALKER, SULLIVAN, and NATHAN, Circuit Judges. *

*At the time this case was argued, Judge Nathan was a district judge on the United States District Court for the Southern District of New York, sitting by designation. Defendant-Appellant Salvatore Delligatti appeals from a judgment of conviction entered by the United States District Court for the Southern District of New York (Forrest, J.) on charges including attempted murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5), and possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(i). Delligatti argues that his firearms conviction should be vacated because the predicate offenses on which the conviction was based are not “crimes of violence” in light of United States v. Davis, 139 S. Ct. 2319 (2019), and United States v. Taylor, 142 S. Ct. 2015 (2022). We conclude that Delligatti’s section 924(c) conviction remains valid even after Davis and Taylor because one of the predicate offenses underlying the conviction – attempted murder in aid of racketeering – is a categorical crime of violence. For the reasons stated herein and in our prior summary order, United States v. Pastore, Nos. 18-2482(L), 18-2610(Con), 2022 WL 2068434 (2d Cir. June 8, 2022), which disposed of Delligatti’s other challenges along with those of his co-defendant, Steven Pastore, we AFFIRM the judgment of the district court.

AFFIRMED.

VIVIAN SHEVITZ (Larry J. Silverman, on the brief), South Salem, NY, for Appellant Steven Pastore.

LUCAS ANDERSON, Rothman, Schneider, Soloway & Stern, LLP, New York, NY, for Appellant Salvatore Delligatti.

JORDAN L. ESTES (Samson A. Enzer, Jason M. Swergold, Karl N. Metzner, Won S. Shin, on the brief), Assistant United States Attorneys, for Damian Williams, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

2 RICHARD J. SULLIVAN, Circuit Judge:

This appeal requires us to determine whether attempted murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5), is a crime of violence as defined in 18 U.S.C. § 924(c)(1)(A)(i). Defendant-Appellant Salvatore Delligatti was convicted after a jury trial in the United States District Court for the Southern District of New York (Forrest, J.) on charges arising from his participation in a well-known racketeering enterprise known as the Genovese Crime Family. The government established at trial that, as an associate in the enterprise, Delligatti had participated i