PIERRE - The 8th U.S. Circuit Court of Appeals has refused to provide an appeal lawyer at taxpayer expense for imprisoned New Underwood rancher Randy R. Miller but has approved court-appointed counsel for his wife, Mary I. Miller.

Randy Miller is the son of former Gov. Walter Dale Miller, who is 82.

The couple pleaded guilty four years ago of failing to pay federal taxes. Randy Miller also illegally sold mortgaged wheat and spent 16 months in prison. Mary Miller was confined to her home for 6 months.

Both eventually were put on probation.

But U.S. District Judge Charles Kornmann sent the couple to prison three months ago for continuing failure to pay their taxes, and they now are appealing their sentences.