BILLINGS, Mont. (AP) - A Montana man faces resentencing next month in the 2003 murder of his uncle after a judge said the shooting did not meet the definition of a violent crime.
Thirty-eight-year-old Quinton Birdinground is to appear Aug. 23 before U.S. District Judge Susan Watters in Billings.
He's serving 24 years in federal prison for assaulting his estranged girlfriend and killing Emerson Pickett during an argument in Crow Agency.
The sentence included 10 years for using a firearm during a violent crime. Watters this month threw out that conviction, saying the violent crime law was unconstitutionally vague. She cited a 2015 Supreme Court ruling.
Birdinground will be resentenced on two remaining counts: second degree murder and assault resulting in serious bodily injury.
Federal Defender David Ness says he expects to ask for a sentence of time served.
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