The Department of Justice is asking the U.S. Supreme Court to overturn a lower court's decision to toss out the death penalty on the Boston Marathon bomber.
A US Court of Appeals overturned the death penalty last month in the case of Dzhokhar Tsarnaev ordering a new penalty phase.
Lawyers for Tsarnaev argued their client did not receive a fair trial, as it should have been moved out of Boston.
He was found guilty in 2015 of being behind the attack that killed three and wounded more than 250 others in 2013.
The D-O-J argues that there should be no re-trial of the penalty phase as it would impact the victims.
(Photo by Zach Gibson/Getty Images)