Brian Terry murder: Border Patrol agent's previously convicted killer's sentence overturned

A federal appeals court has overturned a murder conviction in the killing of Border Patrol Agent Brian Terry, whose death exposed the botched Obama-era “Fast and Furious" operation.

On Friday, the 9th U.S. Circuit Court of Appeals released its decision to overturn the conviction after Osorio-Arellanes argued his Fifth Amendment rights against self-incrimination and his Sixth Amendment right to effective assistance of counsel were violated during his trial and subsequent conviction. Sarah Rumpf-Whitten is a breaking news writer for Fox News Digital and Fox Business. 

"Because Osorio established his Sixth Amendment claim, the panel did not need to reach his Fifth Amendment claim," the ruling stated. "The panel rejected the Government’s argument that the absence of a Fifth Amendment violation would bar Osorio’s Sixth Amendment claim." Story tips and ideas can be sent to sarah.rumpf@fox.com and on X: @s_rumpfwhitten.