In his petition to stop Biden’s commutation of his sentence, Davis claimed that having a death penalty attached to his case “would draw attention to the overwhelming misconduct” he contends characterized the Justice Department’s handling of his case.

Tsarnaev was convicted of all 30 charges against him, including conspiracy and use of a weapon of mass destruction and the killing of Massachusetts Institute of Technology Police Officer Sean Collier during the getaway attempt. Prosecutors said the brothers carried out the attack to punish the U.S. for wars in Muslim countries.

Indiana inmates Shannon Agofsky and Len Davis were among 37 inmates whose sentences were commuted by president Biden in December.

Joe Biden believes the death penalty "must stop" at the federal level, except for those guilty of terrorism and mass murder motivated by hate, the White House said.

Two death row inmates have rejected the clemency granted to them by Joe Biden, opting to take their chance in the courts.

A pair of death row inmates have turned down the clemency granted to them by President Joe Biden, choosing to take their chance in the courts. Shannon Agofsky, 53, and Len Davis, 60, filed emergency motions at a court in Indiana blocking the commutation of their death sentences to life in prison without parole.