Court of Appeals for the Ninth Circuit March 2, 1989, 87-1203 (United States v. Jonathan Bennet Kaytso)

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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.