Case Document 1 Filed 07/31/19 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

UNITED STATES or AMERICA Criminal No. M)

v. Indictment

DANIEL W. MILLER, Violation: 18 U.S.C. 2252A(a)(1) 

[Transportation of Child
Pornography]

2 Counts Forfeiture Allegation

Defendant. County of Offense: Delaware

THE JURY CHARGES:

COUNTS 1 - 2
[Transportation of Child Pornography]

On or about the following dates, in Delaware County in the Northern District of New York.
defendant DANIEL W. MILLER did knowingly transport child pornography using a means and
facility of interstate and foreign commerce, and in and affecting such commerce by any means,
including by computer, in that, by use of the Internet, DANIEL W. MILLER uploaded image
?les depicting one or more minors engaged in sexually explicit conduct into a Dropbox account
associated with an electronic mail address, in violation of Title 18, United States Code. Section

2252A(a)(1) and 

 

Count Date

August 11, 2017
2 . August 14,2017

 

 

 

 

 

 

Case Document 1 Filed 07/31/19 Page 2 of 3

ALLEGATION REGARDING PREVIOUS CONVICTIONS

The defendant, DANIEL W. MILLER, has the following prior ?nal convictions under
the laws of New York State relating to aggravated sexual abuse, sexual abuse or abusive sexual
conduct involving a minor, or the production, possession, receipt. mailing, sale, distribution,
shipment, or transportation of child pornography:

(1) On or about July 22, 2015, the defendant was convicted in Schoharie County Court
of three counts of Promoting an Obscene Sexual Performance by a child. in violation of New York
State Penal Law Section 236.] l, and was sentenced to 180 days in jail, to be followed by 10 years?
probation.

(2) On or about May 24, 2017, the defendant was convicted in Schoharie County Court
of Sexual Abuse in the First Degree. in violation of New York State Penal Law, Section 130.656),
relating to the sexual abuse of a child under 11 years of age, and was sentenced to 10 years?
probation.

These prior convictions affect the penalty provisions associated with Counts 1 and 2,
pursuant to Title 18, United States Code, Section 2252A(b)(1).

FORFEITURE ALLEGATION

The allegations contained in Counts I and 2 of this Indictment are hereby realleged and
incorporated by reference herein for the purposes of alleging forfeiture pursuant to the provisions
of Title 18, United States Code, Section 2253.

Pursuant to Title 18, United States Code, Section 2253, upon conviction of the charges
alleged in Counts 1 through 2, the defendant, DANIEL W. MILLER, shall forfeit to the United

States of America:

B.)

Case Document 1 Filed 07/31/19 Page 3 of 3

a. Any visual depiction described in Title 18. United States Code. Sections 2251 and
2252A (incorporating the definition ol?child pornography in 18 U.S.C. ?2256(8)).
or any book. magazine, periodical. ?lm. videotape. or other matter which contains
any such visual depiction. which was produced. transported, mailed, shipped or
received in violation of Title 18. United States ode, Chapter 110:

b. Any property. real or personal. constituting or traceable to gross pro?ts or other
proceeds obtained from the offense. and

c. Any property. real or personal. used or intended to be used to commit or to promote
the commission of the offense.

The property subject to forfeiture includes. but is not limited to. the following:
a. One (1) Samsung Galaxy Express 3 cell phone. lMEl 357073083458444. serial

number R58156K5NDH.

Dated: July 3 l, 2019
A TRUE BILL.

.

Gran! Jury Forcpc!on

 
  

GRANT C. 
United States Attorney

 
  

. Amando are
United
Bar Roll No. 520259

Attomey