United States v. James A. Miller

BRIGHT, Circuit Judge:

James A. Miller (“Miller”) moved to modify his fíne following his felony conviction, but the district court dismissed Miller’s motion for lack of jurisdiction. In this appeal, Miller argues that-at least where payment of a fine is made an express condition of supervised release-18 U.S.C. § 3583(e)(2) gives the district courts authority to hear such motions. We agree and therefore REVERSE and REMAND.

I. BACKGROUND

Miller-a soldier in the United States Army, stationed in Hawaii-pleaded guilty to one count of transmitting child pornography over the Internet, in violation of…