United States v. Miller, 166 F.3d 1153 (11th Cir. 1999). · Go Syfert
United States v. Miller, 166 F.3d 1153 (11th Cir. 1999). Cases Citing This Book View Copy Cite
25 citation events (11 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Tristin Washington (ca11, 2025-10-01)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Tristin Washington
11th Cir. · 2025 · confidence medium
United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999).
cited Cited as authority (rule) United States v. Thomas Edward Bohannon
11th Cir. · 2007 · confidence medium
Moreover, "[t]he term `offense,' as used in the cross-reference, includes both charged and uncharged offenses." United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999) (per curiam).
discussed Cited as authority (rule) United States v. Rodrick Monroe, Sr.
11th Cir. · 2007 · confidence medium
Finally, the district court did not err at sentencing when it applied the cross-reference under U.S.S.G. § 2K2.1(c)(1)(A) because this provision applies to uncharged conduct, see United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999), and Miles testified that Monroe shot her during an altercation and that she had lied to the responding police officers that the shooting was accidental. 2 Monroe’s final argument merits a bit more discussion.
cited Cited as authority (rule) United States v. Thomas Edward Bohannon
11th Cir. · 2006 · confidence medium
Moreover, “[t]he term ‘offense,’ as used in the cross-reference, includes both charged and uncharged offenses.” United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999) (per curiam).
cited Cited as authority (rule) United States v. Bohannon
11th Cir. · 2006 · confidence medium
Moreover, “[t]he term ‘offense,’ as used in the cross-reference, includes both charged and uncharged offenses.” United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999) (per curiam).
cited Cited as authority (rule) United States v. Garcia
10th Cir. · 2005 · confidence medium
United States v. Tagore, 158 F.3d 1124, 1128 (10th Cir.1998); United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999); U.S.S.G. § 1B1.1 n. 1(H).
discussed Cited as authority (rule) United States v. Willard L. Johnson
7th Cir. · 2005 · confidence medium
See U.S.S.G. § 6B1.4; United States v. Cyr, 337 F.3d 96, 100 (1st Cir.2003) (stipulation to managerial role in drug conspiracy); Coleman v. United States, 318 F.3d 754, 758 (7th Cir.2003) (drug quantity); United States v. Wallace, 276 F.3d 360, 369 (7th Cir.2002) (drug type and quantity); United States v. Bradbury, 189 F.3d 200, 201-02 (2d Cir.1999) (offense level for conspiracy to commit kidnapping increased based on defendant’s stipulation that conspiracy also involved marijuana trafficking); United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999) (selecting offense guideline based o…
discussed Cited as authority (rule) United States v. Johnson, Willard L.
7th Cir. · 2005 · confidence medium
See U.S.S.G. § 6B1.4; United States v. Cyr, 337 F.3d 96, 100 (1st Cir. 2003) (stip- ulation to managerial role in drug conspiracy); United States v. Coleman, 318 F.3d 754, 758 (7th Cir. 2003) (drug quan- tity); United States v. Wallace, 276 F.3d 360, 369 (7th Cir. 2002) (drug type and quantity); United States v. Bradbury, 189 F.3d 200, 201-02 (2d Cir. 1999) (offense level for con- spiracy to commit kidnapping increased based on defen- dant’s stipulation that conspiracy also involved marijuana trafficking); United States v. Miller, 166 F.3d 1153, 1155 (11th Cir. 1999) (selecting offense guid…
cited Cited "see" United States v. Raymond Whitesell
11th Cir. · 2002 · signal: see · confidence high
See United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999) (stating that the term “offense” as used in § 2G2.2(e)’s cross-reference to § 2G2.1 includes both charged and uncharged offenses).
discussed Cited "see" United States v. Hallowell Dunlap
11th Cir. · 2002 · signal: see · confidence high
See United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999). • Enhancement for Possession of Sadistic Material The federal sentencing guidelines provide that where a person is convicted of a child pornography offense, that person’s sentence shall be increased by four levels where “the offense involved material that portrays sadistic or masochistic conduct or other depictions of violence.” U.S.S.G. § 2G2.2(b)(3).
cited Cited "see" United States v. Probel
11th Cir. · 2000 · signal: see · confidence high
See United States v. Miller, 166 F.3d 1153, 1155 (11th Cir. 1999).
cited Cited "see" United States v. Probel
11th Cir. · 2000 · signal: see · confidence high
See United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999).
cited Cited "see" United States v. Askew
11th Cir. · 1999 · signal: see · confidence high
See United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999).
cited Cited "see" United States v. Askew
11th Cir. · 1999 · signal: see · confidence high
See United States v. Miller, 166 F.3d 1153, 1155 (11th Cir. 1999).
cited Cited "see" United States v. Garrett
11th Cir. · 1999 · signal: see · confidence high
See United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999)(per curiam).
cited Cited "see" United States v. Garrett
11th Cir. · 1999 · signal: see · confidence high
See United States v. Miller, 166 F.3d 1153, 1155 (11th Cir. 1999)(per curiam).
cited Cited "see" United States v. Miller
11th Cir. · 1999 · signal: see · confidence high
See United States v. Miller, 166 F.3d 1153, 1155 (11th Cir. 1999).
cited Cited "see" United States v. Miller
11th Cir. · 1999 · signal: see · confidence high
See United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999).
discussed Cited "see" United States v. Wilson (2×)
11th Cir. · 1999 · signal: see · confidence high
See United States v. Miller, 166 F.3d 1153, 1155 (11th Cir. 1999) (per curiam). 17 There is actually some dispute as to whether he objected to the conviction or only to the arrest.
examined Cited "see" United States v. Wilson (4×)
11th Cir. · 1999 · signal: see · confidence high
See United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999).
cited Cited "see, e.g." United States v. Kerry Raphael
11th Cir. · 2012 · signal: see, e.g. · confidence medium
See, e.g., United States v. Miller, 166 F.3d 1153, 1155 (11th Cir.1999).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Arthur MILLER, Defendant-Appellant
98-8228.
Court of Appeals for the Eleventh Circuit.
Feb 4, 1999.
166 F.3d 1153
1999 WL 49398
Leeza R. Cherniak, Atlanta, GA, for Defendant-Appellant., Dixie A. Morrow, Macon, GA, for Plaintiff-Appellee.
Anderson, Marcus, Fay.
Cited by 22 opinions  |  Published
PER CURIAM:

Arthur Miller appeals his 63-month sentence for transporting computer visual depictions of minors engaged in sexually explicit conduct, and possession of computer disks containing depictions of minors engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2252.

On appeal, Miller contends that the district court erred in applying the cross-reference contained in § 2G2.2(e)(l). He argues that it should “only be applied where the offense of conviction involved causing, transporting, permitting, or seeking by notice or advertisement a minor to participate in the production of the child pornography.” Miller further asserts that his postings on the Internet were not part of the offense of conviction.

Miller pled guilty to the charges alleged in the indictment: (1) transporting computer visual depictions of minors engaged in sexually explicit conduct, and (2) possession of computer disks containing depictions of minors engaged in sexually explicit conduct.

Miller stipulated in the plea agreement that he had used electronic mail to solicit teenage boys to engage in sexual activity. The agreement includes exhibits of two such electronic messages sent to Internet newsgroups. The first message described the sexual activities Miller was allegedly willing to perform on teenage boys. The message concluded with the statement, “[e]-mail me at [email protected] for immediate sucking. Let me satisfy you.” The second message read, in part:

[I]’m a 35 yo wm, seeking young teens for friendship, possibly more ... [I] can travel to surrounding areas of [Cjolumbus to pick you up and spend time with you ... [I]f you like to show yourself off, have your picture taken, be video taped alone or with a friend e-mail me even sooner. [I]f you’re interested in making a buck well, we can discuss that when we come to it. [Hjope to hear from as many of you as soon as possible.

Exhibit B at R.l. This message also contained a return electronic mail address.

The probation officer determined that the guideline for Miller’s offense is found in § 2G2.2, which provides for a base offense level of 17. In light of the electronic mail messages, however, the probation officer applied the cross-reference in § 2G2.2(c)(l), which provides that “[i]f the offense involved causing, transporting, permitting, or offering or seeking by notice or advertisement, a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, apply [the base offense level in] § 2G2.1.” As a result, Miller’s base offense level rose from 17 to 27.

Miller objected to the application of the cross-reference, arguing that (1) the electronic mail messages only constituted mail, rather than a notice or advertisement and (2) no[*1155] reasonable nexus connected the electronic messages and the counts of conviction.

The district court summarily overruled Miller’s objection and adopted the findings and guideline application in the Pre-Sen-tence Investigation. Based on a guideline range of 63 to 78 months, the court sentenced Miller to a total of 63 months’ imprisonment.

On appeal, Miller contends that the district-court erred in applying the cross-reference contained in § 2G2.2(c)(l). He argues that it should “only be applied where the offense of conviction involved causing, transporting, permitting, or seeking by notice or advertisement a minor to participate in the production of the child pornography” (emphasis in original). Miller asserts that the electronic mail messages were not part of the offenses of conviction, nor were they relevant conduct under § lB1.3(a)(l) as they did not occur during the commission of, or in preparation for, the offense of conviction. Miller further points out that the offenses of conviction were not grouped under § 3D1.2; thus, they could not be considered relevant conduct under § lB1.3(a)(2). Miller also argues, for the first time, that the “postings” on the Internet newsgroups are not electronic mail messages, the listed newsgroups are not normally accessed by children, and the “postings” do not include a method to respond to the author. The government responds that the district court properly applied the cross reference in calculating Miller’s offense level. It argues that the transmission of electronic messages by Miller, an act to which he stipulated in the plea agreement, qualifies as “relevant conduct” under the sentencing guidelines. As such, the government asserts that the court correctly considered conduct not covered by the counts of conviction in determining Miller’s offense level.

In reply, Miller “acknowledges having posted two [electronic mail messages] to newsgroups.” He argues, however, “[t]his activity does not set forth a new, more serious offense, as the government alleges.” Further, Miller asserts that nowhere in the plea agreement did he stipulate that the return electronic mail addresses belonged to him.

Sentencing Guideline § 2G2.2, which pertains to “Trafficking in Material Involving the Sexual Exploitation of a Minor,” carries a base offense level of 17, compared to a base offense level of 27 under § 2G2.1, which pertains to “Sexually Exploiting a Minor by Production of Sexually Explicit Visual or Printed Material.” The cross-reference provision provides, “[i]f the offense involved causing, transporting, permitting, or offering or seeking by notice or advertisement, a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, apply [the base offense level in] § 2G2.1.” U.S.S.G. § 2G2.2(c)(l). Under the sentencing guidelines, “[a] plea agreement ... containing a stipulation that specifically establishes the commission of additional offense(s) shall be treated as if the defendant had been convicted of additional count(s) charging those offense(s).” U.S.S.G. § lB1.2(c).

This Court reviews the district court’s factual findings for clear error, but de novo review applies to the court’s application of the sentencing guidelines. See United States v. Pompey, 17 F.3d 351, 353 (11th Cir.1994).

In this case, the district court did not err in applying the cross-reference in § 2G2.2 to adjust Miller’s base offense level from 17 to 27. Contrary to Miller’s argument, the term “offense,” as used in the cross-reference, includes both charged and uncharged offenses. U.S.S.G. § 1B1.3, comment., backg’d; see also United States v. Maxwell, 34 F.3d 1006, 1010 (11th Cir.1994). Although the government did not charge Miller with any offenses arising out of the use of electronic mail, Miller did acknowledge in the plea agreement that he had used electronic mail to solicit teenagers to engage in sexual activity. See United States v. Moore, 6 F.3d 715, 718-19 (11th Cir.1993) (uncharged offenses stipulated in the plea agreement “are treated as if they were additional counts of conviction for sentencing purposes”).' Thus, the district court properly used the uncharged conduct in determining Miller’s base offense level.

Moreover, the transmission of messages on the Internet satisfied the criteria of[*1156] the cross-reference provision, which “is to be construed broadly.” U.S.S.G. § 2G2.2, comment, n. 3. Miller (1) induced minors, (2) by “notice or advertisement,” (3) “to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.” U.S.S.G. § 2G2.2(c)(l). First, Miller’s messages were aimed at “young teens.” Second, by posting information on Internet newsgroups, Miller’s messages amounted to a notice or advertisement. Cf. Zeran v. America Online, Inc., 129 F.3d 327, 328 (4th Cir.1997) (“ ‘The Internet is an international network of interconnected computers,’ currently used by approximately 40 million people worldwide.”) (quoting Reno v. ACLU, 521 U.S. 844, 117 S.Ct. 2329, 2334, 138 L.Ed.2d 874 (1997)), cert. denied., - U.S. -, 118 S.Ct. 2341, 141 L.Ed.2d 712 (1998). Third, the messages invited teenagers to engage in sexual activity, “have [their] picture taken, [and] be video taped.” He also offered to pay those teenagers “interested in making a buck.” Clearly, the district court did not err in applying the cross-reference in § 2G2.2(c)(l).

The judgment of the district court is AFFIRMED.