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(BOSTON) — Jury selection in the trial of Boston Marathon bombing suspect Dzhokhar Tsarnaev begins Monday after the defendant’s attorneys tried unsuccessfully to delay the proceedings, which they first based on the premise that Tsarnaev wouldn’t be able to get a fair trial in Boston.

Tsarnaev’s lawyers appealed to the U.S. Court of Appeals for the First Circuit to push back the beginning of jury selection after their motion for a change of venue was denied.

The decision notes that the lawyers were unable to make the “extraordinary showing required to justify mandamus relief,” essentially, when a higher court’s order supersedes that of a lower one.

The lone dissenter on the panel was Judge Juan Torruella, who said that because the district court which rejected the change of venue request only explained its grounds on Friday, there was insufficient time to review all of the information available.

Tsarnaev, 21, has pleaded not guilty to 30 counts in connection with the April 15, 2013 bombing near the finish line of the Boston Marathon that left three people dead and more than 260 others injured.  If convicted of the most serious charges, Tsarnaev could receive the death penalty.

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