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UNITED STATES v. BERLIN

Nos. 72-1924, 72-2004.

472 F.2d 13 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Stuart Joseph BERLIN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Frank Joseph DeSAPIO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 2, 1973.

Attorney(s) appearing for the Case

Roger L. Cossack, of Cossack & Karp, Los Angeles, Cal., Michael D. Nasatir, of Nasatir, Sherman & Hirsch, Beverly Hills, Cal., for defendants-appellants.

William D. Keller, U. S. Atty., Eric A. Nobles, Tom Kotoske, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before HAMLEY and MERRILL, Circuit Judges, and POWELL, District Judge.

MERRILL, Circuit Judge:

This appeal from conviction under the Dyer Act1 raises the question: Under what circumstances can interstate transportation of a stolen car by a purchaser (innocent of knowledge that the car was stolen) be said to have been willfully caused by the seller so as to render him guilty of a Dyer Act violation2 under 18 U.S.C. § 2(b).

Section 2(b) states: "Whoever willfully causes...

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