"And just to be crystal clear: because we are affirming the convictions (excluding the §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 court continued.
Yet the judges emphasized that although they had vacated the death penalty and reversed Dzhokhar's convictions on several charges that had errors, the 27-year-old "will spend his remaining days locked up in prison".
U.S. Attorney Andrew Lelling's spokeswoman said his office is reviewing the decision.
As for Tsarnaev, the appeals court believed some of the jurors in his trial were not completely truthful about how much information they had about the case while being selected. "And in any case, he won't be getting out and hasn't been able to harm anyone since he was captured".
The mother of Krystle Campbell, a 29-year-old who lost her life in the attack, expressed outrage with the court's decision, saying she does not "understand it".
Tsarnaev's lawyers acknowledged at the beginning of his trial that he and his older brother, Tamerlan Tsarnaev, set off the two bombs at the marathon finish line. "It doesn't bring back our friend Sean", Kim Donohue wrote, referring to Sean Collier, a Massachusetts Institute of Technology police officer who was killed by the Tsarnaev brothers.
"The defense warned the judge that asking only general questions like that would wrongly "make the potential jurors judges of their own impartiality.'"
"If this case did not present a sufficient basis for a change of venue, there are no set of circumstances that will meet this standard, at least not in the First Circuit", he wrote.
Boston Marathon bomber Dzhokhar Tsarnaev is seen in a June 24, 2015, courtroom sketch. The Tsarnaevs later held a shootout with police in Watertown, where two officers were injured in the firefight.
'The defense warned the judge"The judge qualified jurors who had already formed an opinion that Dzhokhar was guilty - and he did so in large part because they answered "yes" to the question whether they could decide this high-profile case based on the evidence", Thompson wrote".
US President Donald Trump weighed in on the ruling during an address to supporters on the tarmac of Tampa International Airport.
"I am sorry for the lives I have taken, for the suffering that I have caused you, for the damage I have done, irreparable damage", said Tsarnaev.