2Newark, NJ – A federal judge has dismissed a habeas corpus petition filed by inmate Osvaldo Mercado, ruling that he used the wrong legal vehicle to challenge his conviction on firearms charges.

Mercado, who was convicted in 2022 in New Jersey federal court under 18 U.S.C. § 924(c), argued he should not have faced the charge because he never brandished or used a firearm. He attempted to bring his challenge under 28 U.S.C. § 2241, which allows federal prisoners to contest the execution of their sentence.

But U.S. District Judge Edward S. Kiel ruled that § 2241 cannot be used to attack the validity of a conviction or sentence. Instead, such challenges must be filed under 28 U.S.C. § 2255 with the sentencing court.

Mercado argued that § 2255 was “inadequate or ineffective” because he on

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