This file photo released April 19, 2013, by the FBI shows Dzhokhar Tsarnaev, convicted of carrying out the April 2013 Boston Marathon bombing attack that killed three people and injured more than 260. A prosecutors' response is due Thursday in the Boston Marathon bomber's death penalty appeal. Tsarnaev has been on federal death row since his 2015 conviction. Credit: FBI via AP

BOSTON — Prosecutors are expected to file their response in Boston Marathon bomber Dzhokhar Tsarnaev’s death penalty appeal.

The government’s response is due on Thursday in the 1st U.S. Circuit Court of Appeals, which will decide whether to uphold Tsarnaev’s 2015 conviction and death sentence.

Tsarnaev’s lawyers said in a brief filed in December that the judge’s refusal to move the case out of Boston made it impossible for him to get a fair trial.

Tsarnaev was convicted of all 30 charges against him. The defense admitted from the outset of his trial that he and his older brother carried out the attack, which killed three people and wounded more than 260.

His brother died in a gunbattle with police a few days after the bombing.