The U.S. Court of Appeals for the First District ruled on the release of the death penalty on five grounds, with the judge making several errors.
The charges of three acts condemned by Cararev have been dropped.
However, Tsarnaev is not getting out of federal prison.
“And to be perfectly clear: Because we affirm the conviction (except for three convictions under § 924 (C)) and many of the life sentences imposed on these remaining censuses (which Dzhokhar has not questioned), Dzhokhar will remain limited to imprisonment for the rest of his life, the only question it remains to be seen whether the government will end its life by executing it, “said Rogeriee Thompson, an author of the district court judge Ojetta.
The court ruled that Tsarnaev should receive a new criminal trial.
Tsarnaev̵7;s lawyers claimed he did not get a fair trial because Boston was a scene of chaos. Lawyer Daniel Habib argued in December that the jury was made up of people directly affected by the terrorist attacks, who had already decided on Tsarnaev.
The surveillance video showed that the brothers carried bombs with a pressure cooker in their backpacks and moved through the crowd near the finish line of the marathon, which the federal prosecutor called a coordinated attack.
Tamerlan released the first bomb, a 6-quartile pressure cooker containing gunpowder, nails and BB, prosecutors said. The bomb killed Campbell, the 29-year-old restaurant manager, and permanently injured several other people who lost their legs.
A second pressure bomb taken by Dzhokhar left 12 seconds later, killing two people, Martin and Lu, a postgraduate student from China.
The bombings sparked a search for the days that closed the city. The brothers killed Sean Collier, a police officer at the Massachusetts Institute of Technology, on the run. When they stole SUVs, the police chased them.
Tamerlan died in an explosive firefight with police in nearby Watertown. Dzhokhar was arrested a day later.
Mark Morales and Steve Almasy CNN contributed to this report.