U.S. v. Cates

Dist. Ct. did not err in denying defendant’s motion to dismiss on double jeopardy grounds charge of aggravated sexual abuse, where jury in original trial found that defendant committed aggravated sexual abuse, but further found that victim did not suffer bodily injury as result of said assault. Record showed that defendant received new trial on said charge due to ineffective assistance of counsel at original trial, and defendant argued in instant motion to dismiss that govt. could not re-try him on aggravated sexual abuse charge due to jury’s finding that victim did not suffer bodily injury as result of assault. Person can be convicted of aggravated sexual abuse under 18 USC section 2241(a) by either actual physical force or by threats or fear, and that it is possible to use physical force without causing bodily injury. As such, double jeopardy did not apply because, given victim’s testimony that defendant squeezed her neck during sexual assault, rational jury during first trial could have concluded that defendant forcibly grabbed victim’s neck without causing victim bodily injury. Also, re-trial on aggravated sexual abuse charge is permissible, where there was sufficient evidence for reasonable jury to have concluded that defendant knowingly placed victim in fear of death or serious bodily injury.