Phillip Santoro v. United States

Phillip Santoro was tried and convicted upon an indictment charging him with conspiracy to transport stolen vehicles ( 18 U.S.C. § 371 ), the interstate transportation of a stolen motor vehicle ( 18 U.S.C. § 2312 ), and knowingly selling a stolen motor vehicle moving in or a part of interstate commerce ( 18 U.S.C. § 2313 ). The district court had jurisdiction under 18 U.S.C. § 3231 , and we have jurisdiction of the appeal under 28 U.S.C. § 1291 .

Santoro, together with Joseph Coduto, Peter LaMagna and Dorothy Haynes, was engaged in marketing stolen cars. The operation involved the theft of Cadillac automobiles in the Chicago area, their transportation to the West Coast, the alteration of the vehicle identification numbers and the sale to used car dealers in California. From April through July of 1963, six Cadillacs were stolen in the Chicago area. In April of 1963 two of them were sold by codefendant Haynes to a dealer in Oakland, California. Six weeks later appellant Santoro, using the name Cassar, and Mrs. Haynes returned to the same dealer and sold another of the stolen vehicles. On June 3 appellant and Mrs. Haynes sold another of the stolen vehicles in San Francisco. On July…