'We're never going to heal': Crow family upset after killer goes released

Thursday, August 23, 2018

A citizen of the Crow Tribe has been released from federal prison as a result of a recent U.S. Supreme Court decision.

In 2004, Quinton Birdinground, Jr. was sentenced to 24 years for shooting and killing his uncle and assaulting his estranged girlfriend on the reservation in Montana. One of the charges was based on the fact that he used a firearm during a "crime of violence," according to his court record.

But the Supreme Court's decision in Johnson v. U.S. changed the landscape, Judge Susan Watters determined. Though there is no doubt that Birdinground committed second-degree murder and assault resulting in serious bodily injury, neither can be considered a "crime of violence" under federal law, she wrote in a July 3 decision.

The ruling led Birdinground to seek a new sentence. That took place on Thursday morning and few in the courtroom were happy about it, The Associated Press reported.

A one-sentence court order confirms the release of Quinton Birdinground, Jr. from federal prison.

Assistant U.S. Attorney Lori Harper Suek, a federal prosecutor, cried as she acknowledged that Birdinground should not be held in prison any longer, the AP reported. And family members of the victims were upset.

“We’re not healed, and we’re never going to heal,” Jena Pickett, whose father, Emerson Pickett, was the victim of the second-degree murder, told the AP.

According to the minutes from the hearing on Thursday, Birdinground's conviction on the charge of using a firearm during a "crime of violence," was vacated, or taken off the record. He was re-sentenced to 168 months for second-degree murder and 120 months for assault, with the sentences to run concurrently.

Since Birdinground has already spent 15 years behind bars, he has already completed his 168-months sentence.

"For the reasons stated on the record, Quinton Birdinground, Jr., is hereby released from the custody of the U.S. Marshals Service," Watters wrote in an order.

Federal prosecutors can appeal the decision now that Birdinground has been resentenced.

According to the Federal Bureau of Prisons, Birdinground is 38 years old. His original release date would have been January 30, 2024, but the agency's website notes that he is "NOT IN BOP CUSTODY."

The minutes from the sentencing hearing follow:

RE-SENTENCING held on 8/23/2018 for Quinton Birdinground, Jr. Dft present and in custody with Federal Defender David Ness; AUSA Lori Harper Suek.
The defendants 2255 is granted; conviction on Count 3 is vacated. Court reviews 3553(a) factors. Arguments made.
DFT IS RE-SENTENCED TO BOP FOR A TERM OF 168 MONTHS ON COUNT 1; 120 MONTHS ON COUNT 2 TO RUN CONCURRENT; SUPERVISED RELEASE 5 YEARS ON COUNT 1; 3 YEARS ON COUNT 2 TO RUN CONCURRENT standard and special conditions apply.
Dft has already served 15 years and will be released. Dft is to report to USPO to discuss his release plan. Dft is advised of his right to appeal and is remanded to USMS for release processing.
Hearing commenced at 9:40 am and concluded at 10:30 am
(Court Reporter Becky Sabo) (USPO: Marci Zink), (Law Clerk: J. Wolff), (Hearing held in Billings-SMC) (AMC)