The office of U.S. Attorney Tammy Dickinson agreed in a brief filed late Wednesday that Bryan Sheppard, who was 17 at the time of the explosion, deserves a chance to make his case before a federal judge.
Sheppard and his attorney sought the re-sentencing hearing under a recent U.S. Supreme Court decision that found that mandatory sentences of life without parole for juveniles violated the Eighth Amendment prohibition against cruel and unusual punishment.
Sheppard was the only one of the five people convicted in the 1997 trial in the case who was a juvenile at the time of the crime. One of the other defendants died in prison.