WASHINGTON (CBS) — The Supreme Court will hear Boston Marathon bomber Dzhokhar Tsarnaev’s death sentence case this fall. The high court shared its October schedule on Tuesday, and Tsarnaev’s hearing is set for Oct. 13.

federal appeals court threw out Tsarnaev’s death sentence last year, citing potential jury bias. The Trump administration challenged that and the Supreme Court agreed to take up the case.

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President Joe Biden has called for an end to capital punishment, but in this case, his administration is arguing for it.

A decision from the court isn’t expected until 2022.

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Earlier this year, Tsarnaev filed a lawsuit over his treatment at the supermax prison in Colorado where he has been held since 2015.

Tsarnaev was convicted on 30 charges, including conspiracy and use of a weapon of mass destruction.

Killed in the 2013 bombings were Lingzi Lu, a 23-year-old Boston University graduate student from China; Krystle Campbell, a 29-year-old restaurant manager from Medford; and 8-year-old Martin Richard, who had gone to watch the marathon with his family. Massachusetts Institute of Technology police Officer Sean Collier was shot to death in his cruiser days later. More than 200 others were injured.

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CBSBoston.com Staff