Richard W. Miller, the only FBI agent ever accused of espionage, still proclaims his innocence as he awaits sentencing on a second conviction for spying for the Soviet Union.

"I was absolutely not a spy," Miller said in an interview with the Los Angeles Times published Saturday. "I never was. I never will be."Miller, 53, has been free on bail since last year, when a federal appeals court overturned the guilty verdicts returned at Miller's second trial in 1986. His first trial ended in 1985 with the jury deadlocked.

The fired agent, who spent five years in prison, returns to court Jan. 7 and faces a maximum sentence of two life prison terms, plus 50 years.

"I have three months of freedom," he said. "What happens after Jan. 7, I don't know."

Miller's weight, a nagging problem during his 20-year FBI career, has swelled to about 300 pounds. Miller, an excommunicated Mormon, said he tends "to eat more" when under stress.

Miller was convicted Oct. 8 by a federal judge presiding over a non-jury trial of passing a secret FBI intelligence manual in 1984 to a Soviet emigre, Svetlana Ogorodnikova.