BOSTON (AP) — A federal court will hear arguments in the Boston Marathon bomber’s death sentence appeal.

A federal judge said Tuesday that oral arguments will take place Dec. 12. Each side will be given an hour to make its case.

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Dzhokhar Tsarnaev was convicted and sentenced to death in 2015 for carrying out the April 15, 2013, attack with his older brother, who was killed by authorities.

Three people died and more than 260 were wounded in the attack.

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Tsarnaev’s lawyers argue it was impossible to find a fair jury in Boston. Prosecutors say an impartial jury was carefully selected.

Media and police outside the Moakley Courthouse for the Dzhokhar Tsarnaev trial on January 5, 2015. (Photo by Andrew Burton/Getty Images)

Tsarnaev is being held at a Colorado supermax prison and isn’t expected to attend the hearing.

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