--- title: "United States v. Miller" citation: "599 F.3d 484 (5th Cir. 2010)" authority_id: "AUTH-CA5-MILLER-599-F3D-484" authority_type: "case" jurisdiction: "federal_fifth_circuit" precedential_status: "binding_in_ca5" url: "https://jason93.com/legal/federal-process/authorities/AUTH-CA5-MILLER-599-F3D-484/" legal_review: "2026-08-26" links_checked: "2026-10-15" links_available: 1 links_checked_count: 1 license: "CC BY 4.0" --- # United States v. Miller ## Holdings used - Assuming audita querela survives, it requires a legal objection arising after judgment that cannot be raised through another postconviction remedy; purely equitable grounds are insufficient. ## Material limitation Binding only in the Fifth Circuit and only for the bounded procedural postures in the linked claims. Published precedential full opinion reviewed from a public court-document reproduction after the historical Fifth Circuit URL returned 404. Miller left survival open, arose in a restitution-offset posture, and expressly recognized that the contrary Ejelonu panel opinion had been vacated on rehearing en banc and its appeal dismissed. A comprehensive commercial citator was not run. ## Official source and pinpoints 599 F.3d 484 (5th Cir. 2010), 599 F.3d 488–90: ## Linked claims - `CLM-CIR5-006` ## Used in - [Fifth Circuit Overlay](https://jason93.com/legal/federal-process/modules/95-circuit-overlays/fifth-circuit.md)