Barkley Gardner v. Warden Lewisburg USP

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

A federal prisoner who wishes to challenge the constitutionality of his incarceration may file a petition for writ of habeas corpus under 28 U.S.C. § 2255. In the exceptional circumstance when § 2255 is inadequate or ineffective to do so, however, a petition may be filed under the general habeas statute, 28 U.S.C. § 2241. In Okereke v. United States, 307 F.3d 117, 120 (3d Cir. 2002), we held that § 2255 was adequate and effective to adjudicate a claim of sentencing error under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435…