FILE - This file photo released April 19, 2013, by the FBI shows Dzhokhar Tsarnaev, convicted for carrying out the April 15, 2013, Boston Marathon bombing attack that killed three people and injured more than 260. The Biden administration's argument at the Supreme Court for reinstating the death penalty for convicted Boston Marathon bomber Dzhokhar Tsarnaev hinges on keeping evidence from the jury that prosecutors themselves relied on at an earlier phase of the proceedings. (FBI via AP, File)
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