Faulkner (defendant) was a truck driver for North American Van Lines. After Faulkner picked up 105 refrigerators in San Diego, California, for delivery to Hartford, Connecticut, he stopped in Las Vegas, Nevada, and called Richard Urbauer, the owner of an appliance store to see if he wanted to purchase the refrigerators. After the two got off the telephone, Urbauer informed the police of Faulkner’s offer. Thereafter, Faulkner went to Urbauer’s store where they discussed the possible sale of the refrigerators. Urbauer went out to Faulkner’s truck where Faulkner had broken the truck’s seals, entered the rear, and opened two cartons to show Urbauer the contents. After Faulkner and Urbauer were unable to consummate a deal, Faulkner left the store and was arrested by police. Faulkner was charged with, and convicted of, embezzlement or theft from an interstate shipment in violation of 18 U.S.C. § 659. Faulkner appealed.