The attacker will spend his remaining days in prison, with the only matter remaining being whether he will die by execution, a judge wrote in the ruling A federal appeals court Friday threw out Dzhokhar Tsarnaev’s death sentence in the 2013 Boston Marathon bombing, saying the judge who oversaw the case did not adequately screen jurors for potential biases. Tsarnaev should be executed for the attack that killed three people and wounded more than 260 others. Tsarnaev was convicted on 30 charges, including conspiracy and use of a weapon of mass destruction. The 1st Circuit upheld all but a few of the convictions.