United States v. Capone

EVANS, Circuit Judge.

Defendant seeks to vacate a jail sentence imposed October 24, 1931. A jury returned a verdict of guilty upon two counts , (13 and 18), as well as other counts, of an indictment, which charged wilful failure to file tax returns for the years 1929 and 1930. Since said date defendant has been confined in a Federal penitentiary.

On May 28th, 1937, he made application to the District Court to vacate a part of the sentence. The basis of his contention is that the verdict was inconsistent, inasmuch as the jury found him not guilty on other counts of the indictment which charged…