SALT LAKE CITY — A former Ogden man now in federal prison is attempting to get his conviction thrown out based on a recent U.S. Supreme Court decision.
Tyler James Miller, 29, was arrested days after he was suspected of committing two armed robberies in Weber County on the same day, July 2, 2014. He was later convicted in 2015 and ordered to serve 10 years in a federal prison.
On Aug. 2, Miller filed a motion to the U.S. District Court in Salt Lake City in the effort to vacate his conviction, basing the appeal on the outcome of United States v. Davis, a case ruled upon in June by the country’s top court.
The case stems from a 2015 Texas case where Maurice Lamont Davis and another man were convicted of committing a series of robberies. Specifically, the two were charged under a section of federal law that increased their potential prison time from a few years to a few decades behind bars. The appeal was based on the section of language, specifically that language being a “crime of violence,” was unconstitutionally vague.
After hearing the Davis case, the Supreme Court ruled that the line of federal law was in fact unconstitutionally vague.
It is on this basis that Miller hopes to have his conviction dismissed. According to Miller’s motion to vacate, his 2015 conviction was on the same language deemed unconstitutionally vague by the Supreme Court in June.
However, it is not the first time that Miller has attempted to have his sentence vacated. In 2016, he attempted to get his conviction tossed based on another Supreme Court decision which also involved a phrase found to be unconstitutionally vague, but was involved in a different piece of federal code. That case later stalled out the same year, with little to no activity taking place in the case since then, according to court documents.
As of Friday, federal officials have yet to formally reply to Miller’s motion. Miller is currently being held at a federal prison in Pennsylvania to serve his prison time.