Mob FilesPublic-domain archive of American organized crime
Page 2: the closing page of the Leavenworth commitment of 24 October 1931, signed by the clerk, with a typed return by the U.S. Marshal stating that a commitment entered May 3, 1932 sent Capone to the United States Penitentiary at Atlanta, Georgia, executed May 4, 1932, and returning this commitment unexecuted on the 29th day of May, 1933.
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Commitment to the Atlanta penitentiary in lieu of Leavenworth (3 June 1933)

Commitment paper of 3 June 1933 directing Capone's confinement at the U.S. Penitentiary at Atlanta, Georgia, in place of Leavenworth.

Date
1933-06-03
Kind
case-file
Source
National Archives Catalog
Retrieved
2026-10-11
NAID
55312091
Rights
A record of the U.S. District Court for the Northern District of Illinois, held by the National Archives at Chicago in Record Group 21. A United States government work, public domain in the United States under 17 U.S.C. § 105. The National Archives catalog lists access and use as unrestricted.

The catalog title is “Commitment to the United States Penitentiary at Atlanta, Georgia in Lieu of Leavenworth,” dated 3 June 1933. The catalog holds it as three page images and a PDF. Neither the catalog entry nor a page read for this archive states a case number for the item; the parent file carries Nos. 22852 and 23232.

The habeas opinion Capone v. Aderhold, decided at Atlanta on 25 January 1933, already states that he “was committed to the United States penitentiary at Atlanta, Ga.” The pages of this paper were not read, and this archive does not explain the difference in dates.

The description follows the National Archives catalog entry.

itemThe United States of America v. Alphonse Capone: criminal case file, Nos. 22852 and 23232National Archives file unit for the 1931 federal income-tax prosecution of Alphonse Capone in the U.S. District Court at Chicago, case numbers 22852 and 23232. The catalog lists 226 item-level descriptions under it.itemCommitment to the Cook County Jail and the Leavenworth penitentiary (24 October 1931)Commitment writ of 24 October 1931 for Alphonse Capone, addressed to the U.S. Marshal, the warden at Leavenworth and the Cook County jailer, covering the felony terms of ten years and $30,000 in fines.itemJudgment and sentence, United States v. Alphonse Capone (24 October 1931)Judgment of 24 October 1931 on counts One, Five, Nine, Thirteen and Eighteen of indictment 23232: imprisonment totaling eleven years and fines totaling $50,000, with costs of prosecution.itemCapone v. Aderhold, Warden, 2 F. Supp. 280 (N.D. Ga. 1933)The federal court at Atlanta dismisses Capone's habeas corpus petition, which argued that his felony sentences were void under the three-year statute of limitations. Decided 25 January 1933.itemMandate of the Circuit Court of Appeals (3 May 1932)Mandate of the Seventh Circuit returning the Capone tax case, Nos. 22852 and 23232, to the District Court at Chicago after the appeal was decided.