FAYETTEVILLE, Ark. – A Bella Vista man serving 70 years in federal prison for molesting four foster children claims his sentence is excessive.
Brian John Bergthold wants a new sentence or to have his sentence vacated so he can either renegotiate a plea deal or go to trial.
Bergthold pleaded guilty in 2008 producing child pornography and transporting child pornography to Arkansas and to producing child pornography in Oregon. The Oregon case was moved to Arkansas so all could be handled at once.
He now says his sentence is in excess of the maximum; the wrong sentencing guidelines were used; and the sentence was improperly enhanced.
Prosecutors agree that one sentence is five years longer than allowed — but are asking that the sentence be corrected rather than starting over.