On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. On January 23, 2019, President Trump announced his intent to renominate Miller for a federal judgeship.[10] His nomination was sent to the Senate later that day.[11] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[12] On February 25, 2019, the Senate invoked cloture on Miller nomination by a vote of 51–46,[13] and on the following day, voted to confirm him by a 53–46 vote.[14] He received his judicial commission on March 4, 2019.