The U.S. Court of Appeals for the Tenth Circuit affirmed a sentence enhancement Tuesday in a sexual abuse case involving crimes committed in Indian Country. The court ruled in *United States v. Chumwalooky* (10th Cir. 2026), upholding a district court's application of federal sentencing guidelines that increased the defendant's punishment based on his supervisory relationship with the victim.
Leo Steban Chumwalooky pled guilty to Sexual Abuse of a Minor in Indian Country, violating federal statutes 18 U.S.C. §§ 1151, 1153, and 2243(a). The charges originated from the U.S. District Court for the Northern District of Oklahoma under case number 4:23-CR-00246-JDR-1.
During sentencing proceedings, the district court applied a sentence enhancement under U.S. Sentencing Guidelines § 2A3.2(b)(1), which provides for increased penalties when the victim "was in the custody, care, or supervisory control of the defendant." This enhancement reflects the federal justice system's recognition that sexual abuse crimes are particularly serious when committed by individuals in positions of authority over their victims.
Chumwalooky appealed his sentence to the Tenth Circuit, challenging the district court's application of the supervisory control enhancement. The defendant argued that the lower court erred in finding he maintained supervisory control over the victim, though the specific details of his relationship with the victim and the circumstances of the offense are not detailed in the available court documents.
The Tenth Circuit panel, consisting of Circuit Judges Phillips, Kelly, and Moritz, reviewed the case and unanimously determined that oral arguments would not materially assist in deciding the appeal. This procedural decision, made under Federal Rule of Appellate Procedure 34(a)(2) and Tenth Circuit Rule 34.1(G), allowed the court to resolve the matter based solely on the written briefs and appellate record.
The appeals court's decision to affirm the sentence enhancement indicates the panel found sufficient evidence to support the district court's conclusion that Chumwalooky exercised supervisory control over the minor victim. The supervisory control enhancement under § 2A3.2(b)(1) of the sentencing guidelines is designed to address the heightened vulnerability of victims who are subject to the defendant's authority or care.
Federal jurisdiction over this case stems from the Indian Country provisions of federal law, which give federal courts authority over certain crimes committed on tribal lands. Under 18 U.S.C. § 1153, the federal government has jurisdiction over specified crimes, including sexual abuse, when committed in Indian Country. This jurisdictional framework reflects the complex legal relationship between federal, state, and tribal authorities in prosecuting crimes on tribal lands.
The case represents part of ongoing federal efforts to address sexual abuse crimes in Indian Country, an area that has received increased attention from federal prosecutors and lawmakers in recent years. Federal sentencing enhancements like the one applied in this case serve as tools for courts to impose appropriate penalties that reflect the severity of offenses committed against vulnerable populations.
The Tenth Circuit's order and judgment, filed January 7, 2026, notes that the decision is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. However, the ruling may be cited for its persuasive value consistent with Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1.
The affirmance of the sentence enhancement reinforces the federal courts' commitment to protecting minors from sexual abuse, particularly when the perpetrator holds a position of authority or control over the victim. The supervisory control enhancement recognizes that such relationships create additional harm beyond the underlying offense itself.
This case demonstrates the federal justice system's approach to sentencing in sexual abuse cases involving minors, where courts must carefully evaluate the relationship between defendants and victims to determine appropriate penalties. The Tenth Circuit's decision to affirm suggests the district court properly applied federal sentencing guidelines in evaluating Chumwalooky's supervisory role.
The ruling concludes the appellate proceedings in this case, with Chumwalooky's sentence remaining as imposed by the district court with the supervisory control enhancement intact. The decision adds to the body of Tenth Circuit precedent addressing the application of federal sentencing guidelines in Indian Country sexual abuse cases.