From Tuesday's decision in U.S. v. Miller, by Fourth Circuit Judges Steven Agee, Marvin Quattlebaum, and Allison Rushing:
The record shows that while Miller was imprisoned in a state facility, he sent a sexually explicit letter [excerpted in relevant part on p. 2 of the Trial Brief -EV] to his adopted sister in which he described, in graphic detail, sexual acts he envisioned occurring between himself and his sister. At the time, Miller was thirty-eight years old and she was fourteen years old….
Miller was indicted for violating 18 U.S.C. § 1470, which prohibits "using the mail or any facility or means of interstate or foreign commerce" to "knowingly transfer[ ] obscene matter to another individual who has not attained the age of 16 years, knowing that such other individual has not attained the age of 16 years, or attempt[ing] to do so." … The jury convicted Miller, and … [t]he court then sentenced him to thirty-seven months' imprisonment, to run concurrently with the remainder of his state sentence, and to three years' supervised release….
The Fourth Circuit affirmed:
