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 ). That conviction was later affirmed by this court, and the opinion reported at 388 F.2d 113 (1967). The district court had jurisdiction under 18 U. S.C. § 3231, and we had jurisdiction of the appeal under 28 U.S.C. § 1291 .

Subsequently, the Supreme Court granted a writ of certiorari in the present case, vacated the judgment of this court, and remanded the case to us for further consideration in light of Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 . Santoro v. United States, 392 U.S. 301 , 88 S.Ct. 2054 , 20 L.Ed.2d 1106 (1968). Bruton was made retroactive in Roberts v. Russell, 392 U.S. 293 , 88 S.Ct. 1921 , 20 L.Ed.2d 1100 (1968).

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…