The prosecution in the Harry Miller “ghost gun” case has filed a petition with the federal District Court in Johnstown opposing any reduction in the defendant’s 10-year prison sentence that was imposed in May.

Miller, 49, formerly of Martinsburg, was arrested last year with two Altoona residents, Wayne Farabaugh, 55, an auto mechanic, and Graig Zahradnik, 52, a retired city police officer.

The three were charged with multiple offenses that included the manufacture and possession of ghost guns, AR-15-style rifles that could not be traced, and hit kits.

According to a petition filed recently by Assistant U.S. Attorney David Lew of Pittsburgh, the hit kits included firearms, silencers, subsonic ammunition and latex gloves.

Miller was also charged with possession of a machine gun and with the distribution of machine gun conversion kits.

On May 24, District Judge Stephanie L. Haines sentenced Miller to a prison term of 120 months, followed by three years’ supervision.

Miller is now serving his time in the Federal Correctional Institution in Loretto, Cambria County.

The defense was seeking a lesser sentence, and Miller eventually filed an appeal of his sentence with the 3rd Circuit Court of Appeals in Philadelphia.

As Lew explained in his petition, Miller and his attorney have yet to reveal their appeal issues, but the federal appeals court has asked that legal briefs be prepared by both sides.

In the meantime, Miller filed a petition asking Haines to reduce his sentence because of recent changes in federal sentencing guidelines that would lower his sentence if he were to be re-sentenced today.

His recent request for a new sentencing hearing, however, ran into a snag because Judge Haines cannot impose a new sentence while the case is on appeal before the 3rd Circuit Court.

The defense has suggested that Haines review Miller’s request and, if she agrees to grant his petition, seek return of his appeal from the 3rd Circuit.

Late last week, the prosecution answered the defense petition filed in the District Court.

Lew pointed out that Miller was sentenced in May based on guidelines in effect as of 2021.

The new guidelines that went into effect in 2023, while recommending a lesser sentence in one way for Miller, could actually expose him to a greater sentence, Lew pointed out.

Lew stated in his answer to the defense that the maximum Miller could have received under the 2021 guidelines was 125 months, while under the new guidelines, Miller could receive a maximum of 168 months.

But, the prosecution’s primary argument against a reduced sentence is that it simply is not warranted.

“Miller’s criminal conduct was serious, dangerous and inexcusable,” the prosecution’s answer stated.

Since 2004, Miller has not been allowed to possess a firearm due to a conviction at the state level.

Despite the bar against possession of firearms, Miller “conspired to manufacture and sell ghost handguns and AR-15 rifles,” according to the prosecution.

The hit kits that the group distributed “were intended to appeal to prohibited customers to commit crimes that would be untraceable and possibly deadly,” according to the prosecution.

“Miller,” it was stated, “engaged in dangerous conduct by unlawfully possessing and offering for sale machine gun conversion devices that would make a rifle capable of fully automatic fire.”

The testimony during Miller’s sentencing hearing also indicated he at one point sent a threatening message to Farabaugh “purporting to describe a homicide (he) committed.

“These facts firmly support the 120-month sentence” imposed by Haines, according to the prosecution.

Reducing Miller’s sentence “would undermine the need for his sentence to reflect the seriousness of his offenses, provide just punishment, and promote deterrence and protect the public,” the government concluded.

Haines on Wednesday gave the defense 10 days to respond to the prosecution’s argument.