Benjamin Barry Kramer v. Keith E. Olson, Warden, United States Penitentiary, Terre Haute, Indiana

Federal prisoner Benjamin Kramer petitioned for a writ of habeas corpus under 28 U.S.C. § 2241, challenging his conviction under Richardson v. United States, 526 U.S. 813, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999). The district court concluded that Kramer could not proceed under § 2241 because the principal means of attacking a federal conviction, a motion to vacate un der 28 U.S.C. § 2255, was not inadequate to test the legality of Kramer’s conviction. The district court accordingly characterized Kramer’s filing as a mislabeled § 2255 motion and dismissed for lack of jurisdiction because Kramer…