18-2482(L) United States v. Pastore United States Court of Appeals for the Second Circuit August Term 2019 Argued: November 18, 2019 Decided: June 8, 2022 Nos. 18-2482(L), 18-2610(Con) UNITED STATES OF AMERICA, Appellee, v. STEVEN PASTORE, SALVATORE DELLIGATTI, Defendant-Appellant. * Appeal from the United States District Court for the Southern District of New York No. 18-cv-182, Katherine B. Forrest, Judge. Before: WALKER, SULLIVAN, Circuit Judges, and NATHAN, District Judge. † Defendant-Appellant Salvatore Delligatti appeals from a judgment of conviction entered by the United States District Court for the Southern District of * The Clerk of Court is respectfully directed to amend the caption as set forth above. †Judge Alison J. Nathan, of the United States District Court for the Southern District of New York, sitting by designation at the time this case was heard. 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). We conclude that Delligatti’s section 924(c) conviction remains valid even after Davis 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 the accompanying summary order, which disposes 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), Attorneys at Law, South Salem, NY, for Appellant Steven Pastore. LUCAS ANDERSON, Rothman, Schneider, Soloway & Stern, LLP, New York, NY, for Appellant Salvatore Delligati. JORDAN L. ESTES, Assistant United States Attorney (Samson Enzer, Jason M. Swergold, Karl Metzner, Assistant United States Attorneys, on the brief), for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, NY, for Appellee United States of America. 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 2 in 18 U.S.C. § 924(c)(1)(A)(i). 1 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 in a range of criminal conduct that included extortion, conspiracy to commit murder, attempted murder, and the operation of an illegal gambling business. The jury found Delligatti guilty of racketeering conspiracy, in violation of a provision of the Racketeer-Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962(d) (Count One); conspiracy to …
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