The U.S. Court of Appeals for the First Circuit ruled his death sentence on five charges, saying the judge was wrong several times.
According to the conviction of three of the facts, Tsarnaev’s statement was annulled.
But Tsarnaev is not released from federal prison.
“And just to be clear: since we are affirming the convictions (except the three convictions in § 924 (c)) and the many life sentences imposed on these remaining counts (which Dzhokhar has not challenged), Dzhokhar will remain confined in prison for the rest of his life, the only question is whether the government will end his life by executing him, ”said opinion, author of Circuit Court Judge Ojetta Rogeriee Thompson.
The court ruled that Tsarnaev should be tried in a new sentencing phase.
Tsarnaev̵7;s lawyers had argued that he did not get a fair trial because Boston was the scene of the chaos. Prosecutor Daniel Habib defended in December that the jury was made up of people directly affected by the terror plot who had already thought about Tsarnaev.
The surveillance video showed the brothers carrying pressure cooker bombs in their backpacks and moving through the crowd near the marathon finish line, in what federal prosecutors called a coordinated attack. .
According to them, Tamerlan detonated the first bomb, a 6-quart pressure cooker containing gunpowder, nails and barbecues. The bomb killed Campbell, a 29-year-old restaurant manager, and permanently injured other people who lost their legs.
The second pressure cooker bomb, carried by Dzhokhar, went off 12 seconds later and killed two people, Martin and Lu, a graduate student from China.
The bombing unleashed for ten days a ship that closed the city. The brothers, while on the run, killed Sean Collier, a police officer at the Massachusetts Institute of Technology. After they stole an all-terrain vehicle, the two were chased by police.
Tamerlan died in an explosive fire with police near Watertown. Dzhokhar was arrested a day later.
CNN’s Mark Morales and Steve Almasy contributed to this report.