Massachusetts federal attorney Carmen Ortiz is set to decide whether or not she believes Boston Marathon bombing suspect Dzhokhar Tsarnaev should receive the death penalty. U.S. Attorney General Eric Holder will ultimately make the decision based on her recommendation, if Tsarnaev is convicted. The decision will be made later this week. 

The state of Massachusetts does not permit the death penalty, but capital punishment for Tsarnaev may be allowed under federal terrorism laws. The case is currently scheduled to take place in Boston Federal Court with a trial date still to be determined.

Lawyers for the Tsarnaev also asked a judge to ease the prison restrictions on him as he awaits trial.

Tsarnaev is suspected of carrying out a successful terrorist attack on April 15 at the 2013 Boston Marathon. Two explosions near the finish line left three people dead and over 200 people injured.

Tsarnaev plotted the attack with his brother Tamerlan. The two were involved in a shoot-out with police four days after the marathon bombings that left Tamerlan dead. MIT police officer Sean Collier was also shot dead by the Tsarnaev brothers earlier that night.