The U.S. Court of Appeals for the first round ruled to release his death sentence on five counts, saying the judge had made a mistake several times.
Convictions on three of the charges on which Tsarnaev was convicted have been overturned, the three-member panel said.
However, Tsarnaev has not been released from federal prison.
“And just to be crystal clear: As we confirm the sentences (with the exception of the three sentences of § 924 (c)) and the many life sentences imposed on the other cities (which Johar did not challenge), Johar will remain in prison. for the rest of his life, leaving the only question being whether the government will end his life by executing him, “said the statement, District Court Judge Odjeta Roger Thompson.
The court ruled that Tsarnaev should be given a new trial in the criminal phase.
Surveillance videos showed the brothers carrying the bombs in backpacks and moving through the crowd near the end of the marathon in what federal prosecutors called a coordinated attack.
Tamerlane set fire to the first bomb, a 6-quart pressure cooker containing gunpowder, nails and explosives, prosecutors said. The bomb killed Campbell, a 29-year-old restaurant manager, and permanently injured several other people who lost their legs.
The second bomb with a pressure cooker, carried by Johar, landed 12 seconds later and killed two people, Martin and Lou, a graduate student from China.
The bombings ignited a man who closed the city for days. The brothers, while on the run, killed Massachusetts Institute of Technology police officer Sean Collier. After stealing an SUV, the two were chased by police.
Tamerlane was killed in an explosive shootout with police in nearby Watertown. Johar was arrested a day later.
Mark Morales and Steve Almasi contributed to this report.