Lawyers for Boston Marathon bomber to argue for new trial

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Boston Marathon Bomber Dzhokhar Tsarnaev Found Guilty


Lawyers for Boston Marathon bomber Dzhokhar Tsarnaev are due in court on Tuesday to seek a new trial for their client, who was sentenced to death in June for the 2013 bomb attack that killed three people and injured more than 260.

U.S. District Judge George O'Toole agreed last month to hear defense attorneys' arguments about a federal sentencing law that applied additional prison time for crimes committed while in possession of a firearm. The Supreme Court found it overly broad two days after Tsarnaev was sentenced to death by lethal injection.

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Defense lawyers are also asking that rules put in place ahead of the trial providing them with privacy to communicate with their client be left intact as they prepare for appeal.

The defense in August asked that Tsarnaev be re-tried outside Boston, saying the intense publicity surrounding the attack and the trial unfairly influenced the 12 jurors who found their client guilty and sentenced him to death.

Tsarnaev, 22, is being held at the "Supermax" high security prison in Florence, Colorado, while his attorneys appeal his death sentence. He is not expected to be present in court, according to a spokeswoman for federal prosecutors.

He was last seen in public on June 24, when he said he was "sorry for the lives I have taken." His older brother, Tamerlan, who participated in the April 15, 2013 attack, died following a gun battle with police three days after the bombing.

See photos from Tsarnaev's death penalty sentencing:

13 PHOTOS
Tsarnaev official death penalty sentencing
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Lawyers for Boston Marathon bomber to argue for new trial
BOSTON, MA - JUNE 24: Dic Donahue, who was injured during a shootout with the Boston Marathon Bombers, leaves John Joseph Moakley United States Courthouse following the formal sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: A law enforcement official in heavy gear looks out of a window while vehicles bring Boston Marathon Bomber Dzhokar Tsarnaev to John Joseph Moakley United States Court House on June 24, 2015 in Boston, Massachusetts for his official sentencing. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: Police officals talk in front of John Joseph Moakley United States Courthouse after a man was taken into custody who had a meat cleaver in his car during the formal sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: A man sits while police search his car after they found a meat cleaver in it in front of John Joseph Moakley United States Courthouse during the formal sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: FBI Special Agent in Charge of Boston, Vincent Lisi, center, arrives at John Joseph Moakley United States Courthouse for the official sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: Boston Marathon Bombing victim Heather Abbott arrives at John Joseph Moakley United States Courthouse for the official sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: Boston Marathon Bombing victim Rebekah Gregory arrives at John Joseph Moakley United States Courthouse for the official sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: Death penalty protesters outside of John Joseph Moakley United States Courthouse during the official sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts for his official sentencing. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: A convoy of law enforcement vehicles brings Boston Marathon Bomber Dzhokar Tsarnaev to John Joseph Moakley United States Court House on June 24, 2015 in Boston, Massachusetts for his official sentencing. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: Miriam Conrad, member of the defense team for Boston Marathon Bomber Dzhokhar Tsarnaev, talks on her phone outside of John Joseph Moakley United States Courthouse before the official sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: Boston Marathon Bombing victim Erika Brannock, front left, arrives with her mother, Carol Downing at John Joseph Moakley United States Courthouse for the official sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON - JUNE 24: Unidentified woman pauses before being assisted into the courthouse. Dzhokhar Tsarnaev is sentenced for the Boston Marathon bombings, on Wednesday, June 24, 2015. (Photo by Pat Greenhouse/The Boston Globe via Getty Images)
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In addition to killing three people with homemade pressure-cooker bombs that the brothers learned to make from an al Qaeda publication, the two shot dead a university police officer as they tried to flee the city.

Martin Richard, 8, Chinese exchange student Lingzi Lu, 26, and restaurant manager Krystle Campbell, 29, died in the bombing. Three days later the Tsarnaevs shot dead Massachusetts Institute of Technology police officer Sean Collier, 26.

The legal wrangling over Tsarnaev's fate could play out for years, if not decades. Just three of the 74 people sentenced to death in the United States for federal crimes since 1998 have been executed.

(Reporting by Scott Malone; Editing by Dan Grebler)

See photos from the scene of the bombing in 2013:

20 PHOTOS
Boston Marathon bombing
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Lawyers for Boston Marathon bomber to argue for new trial
BOSTON - APRIL 15: Police officers with their guns drawn hear the second explosion down the street. The first explosion knocked down 78-year-old US marathon runner Bill Iffrig at the finish line of the 117th Boston Marathon. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: Two explosions went off near the finish line of the 117th Boston Marathon on April 15, 2013. (Photo by David L. Ryan/The Boston Globe via Getty Images)
BOSTON - APRIL 15: (EDITOR'S NOTE: THIS IMAGE CONTAINS GRAPHIC CONTENT) Destruction and injured people at the site of the one of the explosions that went off near the finish line of the 117th Boston Marathon. Barricades hindered the EMS from getting to the injured. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: A second explosion goes off near the finish line of the 117th Boston Marathon on April 15, 2013. (Photo by David L. Ryan/The Boston Globe via Getty Images)
BOSTON, MA - APRIL 15: A man is loaded into an ambulance after he was injured by one of two bombs exploded during the 117th Boston Marathon near Copley Square on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Jim Rogash/Getty Images)
Runner John Ounao crying when he finds friends after several explosions rocked the finish of the Boston Marathon in Boston, Massachusetts, on April 15, 2013. At least two people were killed and 22 wounded when two explosions struck near the finish line of the Boston Marathon, sparking scenes of panic, police said. The streets were littered with debris and blood and paramedics raced off with stretchers as police locked down the area, witness said. TV footage showed an explosion sending up a white plume of smoke along the sidelines of the race. AFP PHOTO/John MOTTERN (Photo credit should read JOHN MOTTERN/AFP/Getty Images)
BOSTON - APRIL 15: Two officials run away from the first explosion, right, on Boylston Street at the 177th Boston Marathon, April 15, 2013. (Photo by John Tlumacki/The Boston Globe via Getty Images)
First responders load injured people into an ambulance where two explosions occurred along the final stretch of the Boston Marathon on Boylston Street in Boston, Massachusetts, U.S., on Monday, April 15, 2013. Two powerful explosions rocked the finish line area of the Boston Marathon near Copley Square and police said many people were injured. Photographer: Kelvin Ma/Bloomberg via Getty Images
Runners and spectators flee from the scene where two explosions occurred along the final stretch of the Boston Marathon on Boylston Street in Boston, Massachusetts, U.S., on Monday, April 15, 2013. Two powerful explosions rocked the finish line area of the Boston Marathon near Copley Square and police said many people were injured. Photographer: Kelvin Ma/Bloomberg via Getty Images
BOSTON, MA - APRIL 15: A runner reacts near Kenmore Square after two bombs exploded during the 117th Boston Marathon on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Alex Trautwig/Getty Images)
BOSTON - APRIL 15: Boston Police struggle to remove barricades to reach victims of the first explosion that went off near the finish line of the 117th Boston Marathon,. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: A person who was injured in the first explosion is wheeled across the finish line of the Boston Marathon. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: (EDITOR'S NOTE: THIS IMAGE CONTAINS GRAPHIC CONTENT) A person who was injured in an explosion near the finish line of the 117th Boston Marathon is taken away from the scene on a stretcher. (Photo by David L. Ryan/The Boston Globe via Getty Images)
BOSTON, MA - APRIL 15: A runner sits near Kenmore Square after two bombs exploded during the 117th Boston Marathon on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Alex Trautwig/Getty Images)
Trash is strewn on the street near the finish line of the Boston Marathon where several explosions rocked the event April 15, 2013 in Boston, Massachusetts. At least two people were killed and 22 wounded when two explosions struck near the finish line of the Boston Marathon, sparking scenes of panic, police said. The streets were littered with debris and blood and paramedics raced off with stretchers as police locked down the area, witness said. TV footage showed an explosion sending up a white plume of smoke along the sidelines of the race. AFP PHOTO/John MOTTERN (Photo credit should read JOHN MOTTERN/AFP/Getty Images)
BOSTON, MA - APRIL 15: A swat team arrives at the corner of Stuart Street and Dartmouth Street after two explosive devices detonated at the finish line of the 117th Boston Marathon on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Darren McCollester/Getty Images)
BOSTON - APRIL 16: Newspapers are on sale at a stand on Newbury Street on April 16, 2013 in Boston, Massachusetts. Security is especially tight in the city of Boston after two explosions went off near the finish of the Marathon, killing three people and injuring at least 141 others. (Photo by Darren McCollester/Getty Images)
BOSTON, MA - NOVEMBER 02: Jonny Gomes #5 of the Boston Red Sox lays the World Series trophy and the 'Boston Strong 617' jersey onto the finish line of the Boston Marathon on Boylston Street during the World Series victory parade on November 2, 2013 in Boston, Massachusetts. (Photo by Jared Wickerham/Getty Images)
BOSTON - MARCH 15: A bagpiper wears a Boston Strong jersey during the St. Patrick's Day Parade in the South Boston neighborhood on March 15, 2015. (Photo by Jessica Rinaldi/The Boston Globe via Getty Images)
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