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FARKAS v. BUTNER

No. 19-6347.

972 F.3d 548 (2020)

Lee Bentley FARKAS, Petitioner-Appellant, v. Warden, FCI BUTNER II, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 26, 2020.

Attorney(s) appearing for the Case

Elliot S. Abrams , CHESHIRE PARKER SCHNEIDER, PLLC, Raleigh, North Carolina; Samuel B. Hartzell , WOMBLE BOND DICKINSON (US) LLP, Raleigh, North Carolina, for Appellant. Robert J. Higdon, Jr. , United States Attorney, Joshua B. Royster , Assistant United States Attorney, John E. Harris , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge Richardson wrote the opinion, in which Judge Agee and Judge Keenan joined.

Congress requires every federal prisoner who collaterally attacks his conviction to employ the motion mechanism provided in 28 U.S.C. § 2255. There is one exception: If § 2255 appears "inadequate or ineffective," then § 2255(e) provides that a federal prisoner may apply for a writ of habeas corpus under...

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