UNITED STATES v. ROSE

No. 78-1331.

590 F.2d 232 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. William ROSE and Robert Peterson, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 20, 1978.

Rehearing Denied February 23, 1979.


Attorney(s) appearing for the Case

John W. Conniff, Chicago, Ill., for defendants-appellants.

Gary S. Shapiro, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before PELL and TONE, Circuit Judges, and WHELAN, Senior District Judge.


TONE, Circuit Judge.

The principal issue before us is whether the defendants can be found guilty of a conspiracy under 18 U.S.C. § 3711 to transport in interstate commerce goods valued at $5,000 or more, knowing the goods to be stolen, in violation of 18 U.S.C. § 2314,2 when no goods were ever stolen because the defendants unwittingly engaged agents of the government to perform the actual theft and...

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