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A defense attorney is asking for a Montana man imprisoned since 2003 for the murder of his uncle to be re-sentenced to time he's already served, which would result in his release.

The request comes after a court ruled the shooting didn't meet the definition of a violent crime.

Quinton Birdinground Jr., 38, is scheduled to appear Aug. 23 for re-sentencing before U.S. District Judge Susan Watters.

Defense attorney David Ness on Monday asked for a sentence of up to 14 years.

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Birdinground has been in prison 15 years for assaulting his estranged girlfriend and killing Emerson Pickett during an argument in Crow Agency.

Birginground's original 24-year sentence included 10 years for using a firearm during a violent crime. Watters threw out that conviction saying the law was unconstitutionally vague.

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