BILLINGS, Mont. (AP) — 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.

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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.

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.