Timothy E. Miller - U.S. Army - Convicted Sex Offender

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Name: Timothy E. Miller

Case: United States v. Miller No. 04-0799

Date Of Conviction: December 22, 2003

Appeal Argued: January 11, 2006

Appeal Decided: August 29, 2006

Plea: Guilty

Charges: Possessing Child Pornography

Military Branch: U.S. Army

Listed In National Sex Offenders Registry? NO

On December 22, 2003, Appellant pled guilty at a general court-martial to misusing a government computer, receiving child pornography, and possession of visual depictions of minors engaged in sexually explicit conduct.

Appellant admitted to violating a general regulation by using a government-owned computer with Internet access to view, download, and store pornographic images. The computer was located aboard the USS HARRY S. TRUMAN (CVN 75) and was accessed by everybody on the ship.

Appellant set up password protected files in which he stored over 100 downloaded pornographic images. As to Appellant’s offenses of knowingly receiving child pornography on divers occasions and possessing child pornography, Appellant stated that he knew the pornography involved an actual minor or minors engaged in sexually explicit conduct. He also stated that he viewed or downloaded the images onto the government-owned computer onboard the ship while either in port at Norfolk, Virginia, or while at sea.

During the plea colloquy, he testified that the images did not depict children engaging in sexual intercourse, but rather, they were pictures of a suggestive nature that portrayed the genitalia of the children. Appellant’s guilty plea colloquy and the providence inquiry by the military judge were straightforward and uneventful.

The military judge accepted Appellant’s guilty pleas, convicted him of the charged offenses, and sentenced Appellant to confinement for one year, reduction to pay grade E-1 and a bad-conduct discharge. Approximately four months later, the convening authority approved the sentence as adjudged but pursuant to a pretrial agreement suspended all confinement beyond time served in excess of 210 days for a period of twelve months from the date of trial.