Al Capone concurrently. New lawyers hired to represent Capone were Washington-based tax experts. They filed a writ of habeas corpus based on a Supreme Court ruling that tax evasion was not fraud, which apparently meant that Capone had been convicted on charges relating to years that were actually outside the time limit for prosecution. However, a judge interpreted the law so that the time that Capone had spent in Miami was subtracted from the age of the offences, thereby denying the appeal of both Capone's conviction and sentence. Capone was sent to Atlanta U.S. Penitentiary in May 1932, aged 33. Upon his
Louis Capone leaders. In 1936, Capone participated in the murder of Joseph Rosen. Buchalter had previously ruined Rosen's trucking business and was now afraid that Rosen would implicate him in criminal activity. To protect himself, Buchalter ordered Rosen's murder. On September 13, 1936, Harry Strauss, Emanuel Weiss and James Ferraco shot Rosen 17 times in his Brooklyn candy store, killing him instantly. Capone identified the victim and worked out a plan for the gunmen. In 1939, Capone allegedly participated in the murder of Irving Penn. Buchalter had ordered Capone to plan the murder of Philip Orlovsky, a mobster who was cooperating with