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Appeals court vacates Boston Marathon bomber's death sentence, orders new penalty trial

July 31, 2020. Summarized by summa-bot.

UNKNOWN - APRIL 19: In this image released by the Federal Bureau of Investigation (FBI) on April 19, 2013, Dzhokar Tsarnaev, a suspect in the Boston Marathon bombing is seen. The twin bombings at the 116-year-old Boston race resulted in the deaths of three people with more than 170 others injured. (Photo provided by FBI via Getty Images)

A federal appeals court ruled on Friday to vacate the death sentence of Dzhokhar Tsarnaev, who along with his brother planted homemade bombs near the finish of the 2013 Boston Marathon, killing three spectators.

(CNN)A federal appeals court ruled on Friday to vacate the death sentence of Dzhokhar Tsarnaev, who along with his brother planted homemade bombs near the finish of the 2013 Boston Marathon, killing three spectators.

The US Court of Appeals for the First Circuit ruled to vacate his death sentence on five counts, saying the judge erred several times.

But Tsarnaev is not getting out of federal prison.

"And just to be crystal clear: Because we are affirming the convictions (excluding the three ยง 924(c) convictions) and the many life sentences imposed on those remaining counts (which Dzhokhar has not challenged), Dzhokhar will remain confined to prison for the rest of his life, with the only question remaining being whether the government will end his life by executing him," the opinion, authored by Circuit Court Judge Ojetta Rogeriee Thompson, says.

He was convicted in 2015, including for the deaths of Krystle Campbell, Martin Richard, Lingzi Lu at the marathon and police officer Sean Collier.

Tsarnaev was 19 years old when he and his brother, Tamerlan, who was 26 years old at the time, went to Boston's Boylston Street shortly before 3 p. m. on April 15, 2013, to carry out their plot.

Surveillance video showed the brothers carrying the pressure cooker bombs in backpacks and moving through the crowd near the marathon finish line in what federal prosecutors called a coordinated attack.

The second pressure cooker bomb, carried in by Dzhokhar, went off 12 seconds later and killed two people, Martin and Lu, a graduate student from China.

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