United States v. Jonathan Bennet Kaytso

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 again charged that the assault occurred within the District of Arizona. After oral argument on Kaytso’s second motion to dismiss, the court ruled that double jeopardy was not a bar to reindictment.

Kaytso now appeals that order and argues that the second indictment violates the double jeopardy clause of the Fifth Amendment to the Constitution. Altema-tively, he argues that the government is barred by collateral estoppel from again attempting to establish that venue was proper in Arizona.

Double Jeopardy

Kaytso argues that the dismissal of the first indictment for lack of venue was an acquittal and that…