United States v. Stuart Joseph Berlin, United States of America v. Frank Joseph Desapio

MERRILL, Circuit Judge:

' This appeal from conviction under the Dyer Act 1 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 violation 2 under 18 U.S.C. § 2(b).

Section 2(b) states: “Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.” Appellants were parties to an interstate conspiracy…