United States v. Jonathan Bennet Kaytso

CANBY, Circuit Judge:

INTRODUCTION

Jonathan Bennet Kaytso was indicted and charged with assault in violation of 18 U.S.C. §§ 1153 and 113(f). The assault is alleged to have occurred in Arizona near the border with Utah. At trial the victim could not recall with accuracy the exact location of the crime. The government having failed to establish venue, Kaytso moved, at the close of the government’s case, for a judgment of acquittal. The court treated Kaytso’s oral motion as one to dismiss and granted it without prejudice to a second indictment. Kaytso was rein-dicted a week later. The indictment…