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2 S. Bepartoent of Justice Buren of Inbestigation 2 rm o a « al 7 P, O, Box 1405, Chicago, Ill. B=CEOIS3I A December 7, 1931. Director, u4 -/ go Bureau of Investigation, Department of Justice, ¢ Washington, D. C. Re: Alphonse Capone; Kenneth Phillips, M.D.; Contempt of Court; Pear Sir: Per jury. With reference to the above entitled case, please be advised that the United States Circuit Court of Appeals has rendered no decision on the appeal of Subject Capone from the sentence imposed by United States District Judge James H. Wilkerson on March 2, 1931, at Chicago, Illinoia. Pending the decision of the Circuit Court of Appetls on the appeal of Subject Capone, no action will be taken by the United States Attorney regarding the prosecution of Subject Phillips. Very truly yours, W. A. McSwain, Special Agent in Charge. ~ Jott VIVES Hoare! eegoRDr b7-( ofa prc? 1931 peer teat at