The U.S. First Circuit Court of Appeals decided to drop the death sentence on five counts, saying the judge erred several times.
Sentences for three of the charges for which Tsarnaev was convicted have been dropped, the three-judge panel said.
But Tsarnaev is not being released from federal prison.
“And just to be clear: because we are affirming the sentences (excluding the sentences of three § 924 (c)) and the numerous life sentences imposed on those remaining charges (which Dzhokhar did not oppose), Dzhokhar “he will remain in jail for the rest of his life, with the only question remaining being whether the government will end his life by executing him,” said the opinion, authorized by the District Court judge. Ojetta Rogeriee Thompson.
The court ruled that Tsarnaev should be given a new trial at the sentencing stage.
Tsarnaev̵7;s lawyers had argued that he did not have a fair trial because Boston was the scene of the mutilation. Lawyer Daniel Habib argued in December that the jury was made up of people directly affected by the terror plot, who had already made up their minds about Tsarnaev.
The surveillance video showed brothers carrying pressure cooker bombs in their backpacks and moving through the crowd near the marathon line in what federal prosecutors called a coordinated attack.
Tamerlan detonated the first bomb, a 6-quartz pressure vessel containing gunpowder, nails and BB, prosecutors said. The bomb killed Campbell, a 29-year-old restaurant manager, and permanently injured several other people who lost their legs.
The second pressure bomb, supplied by Dzhokhar, went off 12 seconds later and killed two people, Martin and Lu, a Chinese graduate student.
The bombings sparked a maneuver for days that closed the city. The brothers, while on the run, killed Sean Collier, a police officer at the Massachusetts Institute of Technology. After stealing an SUV, the two were pursued by police.
Tamerlan died in an explosive fire with police in nearby Watertown. Dzhokhar was arrested a day later.
CNN’s Mark Morales and Steve Almasy contributed to this report.