updated 11/12/2008 3:08:21 PM ET 2008-11-12T20:08:21

A former Border Patrol agent convicted of shooting a fleeing drug smuggler has been resentenced to his original 12-year prison term.

The U.S. Attorney's office in El Paso, Texas, says a judge on Wednesday resentenced Jose Alonso Compean to 10 years for his conviction of using a weapon in the commission of a felony, plus two years for assault and other charges.

Compean's sentence was reissued because a federal appeals court tossed out a separate conviction for tampering with an official proceeding.

Compean and another agent were convicted of shooting the smuggler in the buttocks while he was fleeing from an abandoned marijuana load in 2005 and then covering up the shooting.

The smuggler got nearly 10 years in prison.

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