Miller

A federal appeals court has rejected a petition by a former Martinsburg man who sought a new sentencing hearing on firearm charges that included the production of illegal ghost guns and hit kits.

Harry Miller, 49, is presently serving a 10-year sentence imposed last year by U.S. District Judge Stephanie L. Haines, who presides in the District Court, Johnstown.

Miller was one of three area men arrested in 2023 following an investigation by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

In 2024, he entered guilty pleas to charges of manufacturing firearms without a license, possession of a firearm by a convicted felon, trafficking in firearms, engaging in the manufacture of firearms without paying a required tax, possession of a machine gun and the illegal transfer of firearms.

As it turned out, he was the only one of the arrested who went to prison.

Authorities charged two other Blair County residents, Wayne Farabaugh, who helped with the manufacturing process, and a former Altoona police detective, Craig Zahradnik, who provided funding for the business.

Farabaugh was placed on supervision by Haines when she heard his guilty plea.

Zahradnik, who also pleaded to several of the charges, suffered from illness and passed away recently. He was never sentenced.

During his sentencing hearing, Miller apologized for the part he played in the manufacturing and distribution of the illegal weapons and told the judge, “I hope I will do good things,” when discussing his future.

His one request to Haines was that be able to serve his sentence close to his home county.

He remains incarcerated in the Federal Correctional Facility at Loretto in Cambria County.

Since his sentencing, he and his counsel have attempted to have his sentence reduced.

Miller filed a direct appeal to the U.S. Third Circuit Court of Appeals in Philadelphia, and more recently, he has filed a separate petition asking Haines to recommend a reduction in his sentence.

His request before the district judge had been on hold until the Circuit Court issued its ruling.

Late last week, a three-judge panel from the Third Circuit that included Cheryl Ann Krause, Paul B. Matey and Peter J. Phipps rejected his appeal.

The federal appeals panel pointed out that Miller, as part of his plea agreement with the government, waived his right to appeal.

The opinion issued by the Third Court stated, “Harry Miller appeals, asking us to vacate his sentence and remand for resentencing … Miller however waived his right to appeal as part of his plea bargain … We will enforce the appeal waiver and affirm the District Court’s judgement.”

Miller’s sentencing was unique because, between the time of his arrest and his sentencing, new federal guidelines took effect.

The 2023 guidelines imposed a stiffer sentence for the crimes MIller committed, so the judge sentenced him under the 2021 guidelines.

But the appeals court pointed out that an amendment to the 2023 guidelines permitted the imposition of lesser guidelines under the 2021 version.

That is why Miller sought a resentencing hearing.

The panel explained Miller was asking the appeals court to ignore his appellate waiver.

“We decline to do so,” the panel stated.

Miller in his appeal to the Third Circuit also contended his waiver of his appeal rights was “not knowing and voluntary.”

The district judge, he claimed, did not adequately advise him that a waiver barred further reduction in his sentence.

“Miller’s waiver of his right to bring his appeal was knowing and involuntary,” the panel concluded. “We will enforce it (the waiver).”

The decision by the Court of Appeals leaves Miller’s request for a lower sentence in the hands of the trial judge.

At this point, she can recommend a further sentence reduction. The defense is seeking a reduction of 14 months.

The prosecution is opposing a reduction in Miller’s sentence.