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GARDNER v. WARDEN LEWISBURG USP.

No. 14-3902.

845 F.3d 99 (2017)

Barkley GARDNER, Appellant v. WARDEN LEWISBURG USP.

United States Court of Appeals, Third Circuit.

Opinion Filed: January 4, 2017.

Attorney(s) appearing for the Case

Edward J. Rymsza, III , Miele & Rymsza, P.C., 36 West Fourth Street, Williamsport, PA 17701, Counsel for Appellant.

Carlo D. Marchioli , Kate L. Mershimer , Office of United States Attorney, 228 Walnut Street, Suite 220, P.O. Box 11754, Harrisburg, PA 17108, Counsel for Appellee.

Before: MCKEE, HARDIMAN, and RENDELL, Circuit Judges.

OPINION OF THE COURT

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...

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