(CNN) – The attorneys for Boston Marathon bomber Dzhokhar Tsarnaev are asking a court to throw out his death sentence.
They made the request in a brief filed in a U.S. appeals court Thursday.
The brief says Tsarnaev did not have a fair trial in Boston because the city was still reeling from the bombing.
The attorneys also said Tsarnaev’s older brother Tamerlan, who was killed by police, was the mastermind behind the attack.
Instead of the death penalty, the brief says the younger Tsarnaev should get life in prison without the possibility of parole.
The bombing targeted the finish line of the Boston Marathon in 2013, killing three people and injuring more than 260 others.
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