RICHMOND, Va. (AP) — A federal appeals court panel has upheld the death sentence of a Virginia inmate who ate his cellmate's breakfast then strangled him for complaining.

In a 2-1 ruling Tuesday, the panel upheld a district court's denial of Carlos David Caro's challenge of his death sentence.

The panel also rejected Caro's claim that the government violated his rights by withholding data about housing dangerous inmates at the government's Supermax prison in Colorado. The panel said that claim was procedurally barred after having been previously denied.

Caro was sentenced to death for the 2003 slaying of Robert Sandoval at the federal penitentiary in Lee County.

Sandoval was killed four months after Caro and a fellow gang member stabbed another inmate at the Lee County prison 29 times with homemade knives.