BOSTON (AP) -- A lawyer for a man facing a new federal death penalty sentencing trial in the killings of two Massachusetts men says his client is in "precarious" health.

Gary Sampson's lawyer said Tuesday that Sampson has chronic Hepatitis C and advanced cirrhosis of the liver, and is expected to live a maximum of 10 years, but more likely 5 years or less.

He made his remarks while prosecutors and Sampson's lawyers were arguing in court over scheduling his resentencing trial.

Judge Mark Wolf did not immediately set a date.

Prosecutors have said they intend to hold a second sentencing hearing to ask again for the death penalty after Wolf overturned that sentence in 2011. Wolf cited perjury by one of the jurors who decided the penalty.