DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073067P.pdf 03/09/2009 United States v. Walter Miller
U.S. Court of Appeals Case No: 07-3067
and No: 07-3069
U.S. District Court for the District of South Dakota
[PUBLISHED] [Bowman, Author, with Smith and Gruender, Circuit
Judges]
Criminal case - Criminal law and sentencing. In a proceeding to revoke
defendant's supervised release, the district court did not err by rejecting
defendant's collateral attack on the conditions of his supervised release
provisions; evidence was sufficient to establish violations of the
provisions; sentences were within the statutory limits of 18 U.S.C. Sec.
3583(e)(3) and the court had discretionary authority under 18 U.S.C. Sec.
3584 to make the sentences consecutive; sentence was not unreasonable
as the court adequately considered the 3553(a) factors and committed no
abuse of discretion in weighing the factors; requirement that defendant
comply with the tax laws and pay his outstanding taxes was not a
restitution order.