 Miller remained at this law firm until his appointment to the district court.On January 25, 2006, Miller was nominated by President George W. Bush to be a United States District Judge for the United States District Court for the Southern District of Texas, in place of Judge Ewing Werlein, Jr., who had taken senior status in 2006.He was confirmed unanimously by the Senate on April 25, 2006 and received his commission the same day.