United States v. Lloyd Dale Miller

Lloyd Dale Miller appeals from a judgment revoking probation granted to him following his conviction of violation of 18 U.S.C. §§ 3 , 371 and 659. Among the conditions included in Miller’s grant of probation was that “he not consume any alcohol.”

While on probation, Miller was arrested for a violation of California Vehicle Code § 23102(a) (drunk driving) and was convicted of a reduced charge of California Vehicle Code § 23103 (reckless driving). Following these proceedings, the District Court issued its order to show cause as to why probation should not be revoked by reason of Miller’s non-compliance with the probationary condition requiring abstinence from alcohol and after hearing his probation was revoked.

On this appeal Miller contends that the condition in question is void because it is vague, is unreasonable, and constitutes the imposition of a cruel and unusual punishment. We disagree and affirm the judgment of revocation of probation and imposition of custodial sentence.

In making the above contentions Miller draws our attention to a recommendation of the Federal Probation Officer included in the pre-sentence report to the effect that Miller be required as a…