A man charged with killing a U.S. Border Patrol agent during a 2010 firefight near the Arizona-Mexico border is scheduled to change his plea Tuesday in federal court.

Manuel Osorio-Arellanes, of El Fuerte in the Mexican state of Sinaloa, had previously pleaded not guilty to murder, assault on a federal officer and other charges in the December 2010 death of Border Patrol Agent Brian Terry.

Two rifles bought by a gun-smuggling ring that was being monitored by the government’s botched investigation known as “Operation Fast and Furious” were found at the shooting scene. But authorities have declined to say whether the murder weapon was linked to an Operation Fast and Furious purchase.

Authorities say Terry and other agents came under attack in a canyon north of the Arizona border city of Nogales by Osorio-Arellanes and four other men who had come to the U.S. from Mexico in order to rob marijuana smugglers.

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