UNITED STATES of America, Plaintiff-Appellee, v. Wilmer LOMAYAOMA, Defendant-Appellant

Wilmer Lomayaoma was convicted of criminal sexual contact under the Indian Major Crimes Act, 18 U.S.C. § 1153 , and 18 U.S.C. § 2244 (a)(1). While on supervised release, Lomayaoma was implicated in a child molestation incident. The district court held a hearing and then decided to revoke Lomayaoma’s supervised release. We determine that the district court had jurisdiction under the Indian Major Crimes Act, 18 U.S.C. § 1153 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

In September 1990, Lomayaoma was indicted in the United States District Court for the District of Arizona for violations of 18 U.S.C. §§ 1153 & 2244(a)(1). The indictment charged Lomayaoma with one count of abusive sexual contact with a minor female child under the age of twelve. The indictment alleged that this criminal sexual contact took place on the Hopi Indian Reservation. Lomayaoma pled guilty to the indictment in November 1990.

In February 1991, the district court sentenced Lomayaoma to a fine, twenty-one months of imprisonment, and thirty-six months of supervised release. The court conditioned the supervised release on Lomayaoma’s remaining “law abiding.” The issues on appeal relate to…