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U.S. v. MILLER

No. 99-10094.

205 F.3d 1098 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. James A. MILLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 8, 2000

Attorney(s) appearing for the Case

Alexander Silvert, Assistant Federal Public Defender, Honolulu, Hawaii, for the defendant-appellant.

Lawrence L. Tong, Assistant United States Attorney, and Craig Nakamura, Assistant United States Attorney, Honolulu, Hawaii, for the plaintiff-appellee.

Before: BRIGHT, PREGERSON, and W. FLETCHER, Circuit Judges.

BRIGHT, Circuit Judge:

James A. Miller ("Miller") moved to modify his fine following his felony conviction, but the district court dismissed Miller's motion for lack of jurisdiction. In this appeal, Miller argues that-at least where payment of a fine is made an express condition of supervised release-18 U.S.C. § 3583(e)(2) gives the district courts authority to hear such motions. We agree and therefore REVERSE and REMAND.

I. BACKGROUND

Miller...

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