# Memorandum denying petition to vacate misdemeanor sentences (12 August 1937)

Canonical: https://mobfiles.org/items/nara-55312136-capone-memo-deny-vacate-1937/

District Court memorandum of 12 August 1937 denying Capone's petition to vacate the county-jail sentences on counts 13 and 18. The Seventh Circuit dismissed the appeal.

A District Court memorandum of 12 August 1937 denying Capone's petition to vacate the misdemeanor (county-jail) sentences. The petition, filed by attorneys Teitelbaum and Melnick on 28 May 1937 (NAID 55312124), is listed in the same file and is not filed here. The catalog holds the memorandum as six page images and a PDF.

The Seventh Circuit's opinion on the appeal, United States v. Capone, 93 F.2d 840, summarizes the ruling: "The District Court denied the prayer of the petition on the ground that the charge of wilful failure to file a return and the charge of evasion of a tax are distinct crimes." The appeal was dismissed on 20 December 1937.

The page images were not read for this archive. The description follows the National Archives catalog entry.

## Sources

- National Archives Catalog: https://catalog.archives.gov/id/55312136
- National Archives file unit 1105475, The United States of America v. Alphonse Capone: https://catalog.archives.gov/id/1105475