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U.S. v. KAYTSO

No. 87-1203.

868 F.2d 1020 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan Bennet KAYTSO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1988.

As Amended March 2, 1989.

Attorney(s) appearing for the Case

David Lee Titterington, Asst. Federal Public Defender, Phoenix, Ariz., for defendant-appellant.

Stanley L. Patchell, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before TANG, CANBY and BRUNETTI, Circuit Judges.

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...

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