Two former Border Patrol agents convicted of shooting a man near the U.S. Mexico border will be re-sentenced.

U.S. Attorney Johnny Sutton was in town Monday speaking about the re-sentencing scheduled for this Thursday.

The two were originally sentenced to more than 10 years in prison for shooting Osvaldo Aldrete Davila in 2005.

"That both of these agents received fair trials, that the evidence was presented in the proper way and the judge made the proper ruling and she affirmed the substance and counts of the convictions," said U.S. attorney Sutton.

Sutton said no matter the outcome a minimum of 10 years must be served.