On July 13, 2018, President Trump announced his intent to nominate Miller to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.[1] On July 19, 2018, his nomination was sent to the Senate. President Trump nominated Miller to the seat vacated by Judge Richard C. Tallman, who took senior status on March 3, 2018.[8] On October 24, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.[9]