The charge carries a possible death sentence.
UPDATE 10:30 AM: BOSTON (AP) - A court official says the surviving suspect in the Boston Marathon bombings is facing federal charges and has made an initial court appearance in his hospital room.
The charges against 19-year-old Dzhokhar Tsarnaev remain sealed.
Gary Wente is circuit executive of the 1st U.S. Circuit Court of Appeals. He says the suspect made his first appearance before a magistrate judge Monday afternoon in Beth Israel hospital.
Officials say Tsarnaev and his older brother set off the twin explosions at Monday's marathon, killing three people and injuring more than 180 others.
(MyNews4.com & KRNV) - Boston bombings suspect Dzhokhar Tsarnaev will not be treated as an enemy combatant according to a tweet by White House Press Secretary Jay Carney.
Tsarnaev is a naturalized U.S. citizen. Carney says that under U.S. law U.S. citizens cannot be tried in military commissions. Carney says that since Sept. 11, 2001, the federal court system has been used to convict and incarcerate hundreds of terrorists.
Also, Tsarnaev remains in serious condition. The FBI is releasing this information at the request of the hospital.