Exercising our jurisdiction under 28 U.S.C. § 1291, we affirm.I. Undisputed Factual Background We review the pleadings and record on appeal to ascertain whether genuineissues of disputed material facts exist prohibiting summary judgment resolution asa matter of law. As a preliminary consideration, we view the evidence in the lightmost favorable to Mr. Silverstein as the nonmoving party. It is undisputed Mr. Silverstein started his time in federal custody in 1978when he began serving a fifteen-year sentence in the United States Penitentiary atLeavenworth, Kansas (Leavenworth), for bank robbery. In February 1979, based on an internal investigation and the BOP’s belief Mr. Silverstein stabbed and killed a fellow inmate, Danny Atwell, it transferred him to the Control Unit at theUnited States Penitentiary in Marion, Illinois (Marion).
While housed at Marion,a jury convicted Mr. Silverstein for the 1981 murder of Robert Chappelle, whowas strangled in his cell after Mr. Silverstein and another inmate, ClaytonFountain, reached into his cell and strangled him with a cord.
See United Statesv. Silverstein
, 732 F.2d 1338, 1342 (7th Cir. 1984) (
). In affirming
Initially, a jury convicted Mr. Silverstein for Mr. Atwell’s murder and hewas sentenced to life imprisonment; while this court affirmed the district court’sconsideration of Mr. Silverstein’s membership in the Aryan Brotherhood gang as probative, we nevertheless reversed and remanded for retrial based, in part, on anerror in the admission of certain hearsay testimony of another inmate.
See United States v. Silverstein
, 737 F.2d 864, 866-69 (10th Cir. 1984) (
). Bythen, Mr. Silverstein was serving life sentences for at least two other prisonmurders,
see United States v. Fountain
, 768 F.2d 790, 793 (7th Cir. 1985), and the government declined to retry Mr. Silverstein for Mr. Atwell’s murder.