Sam Lane, Jr., a federal prisoner in the United States Penitentiary in Atlanta, appeals from the denial of his petition for habeas corpus relief under 28 U.S.C.A. § 2241 in the United States District Court for the Northern District of Georgia. He contends that there was a variance between the crime alleged in his indictment and the crime charged to the jury and that this variance was in violation of his constitutional right to due process under the Fifth Amendment. The district court treated appellant's petition as a motion to vacate sentence under 28 U.S.C. § 2255 and denied it on the ground that either the issue presented was the same that appellant had raised in a previous § 2255 motion so that he was barred from raising it again or, if a new issue were raised, it must be presented to the sentencing court in the Middle District of Georgia. We hold that appellant has incorrectly sought relief under the habeas corpus provisions of 28 U.S.C.A. § 2241 and that, whether he now seeks to litigate a new issue or to relitigate the issue raised in his § 2255 motion, the proper method of proceeding is to file a § 2255 motion in the sentencing court.

In enacting § 2255, Congress sought to provide in the sentencing court a more convenient forum for the litigation of collateral attacks upon sentences than was available by means of the habeas corpus jurisdiction of the districts of incarceration. United States v. Hayman, 342 U.S. 205, 72 S. Ct. 263, 268-269, 96 L. Ed. 232 (1952). The provision has consistently been construed to be the primary means of post-conviction relief for prisoners, allowing resort to habeas corpus only when it appears that the remedy under § 2255 will be "ineffective or inadequate."1 See Johnson v. United States, 447 F.2d 516, 517 (5th Cir. 1971); Craft v. United States, 433 F.2d 981 (5th Cir. 1970), Cert. denied, 401 U.S. 957, 91 S. Ct. 983, 28 L. Ed. 2d 241 (1970); Walker v. United States, 429 F.2d 1301, 1302-1303 (5th Cir. 1970); Accardi v. Blackwell, 412 F.2d 911, 913-914 (5th Cir. 1969); Birchfield v. United States, 296 F.2d 120, 122 (5th Cir. 1961). Whether appellant seeks to raise a new issue or to relitigate the issue raised in his previous motion,2 he must address a section 2255 motion to the sentencing court unless he can show that his case is one for which that remedy is "inadequate or ineffective."Appellant's sole argument for the inadequacy or ineffectiveness of his § 2255 remedy is his lack of success on his first attempt to obtain such relief. "A federal prisoner seeking habeas corpus relief has the difficult burden of coming forward with evidence which affirmatively shows the ineffectiveness of § 2255 relief in his case, and he cannot satisfy this requirement by merely showing that his provisions § 2255 petition was unsuccessful." Accardi v. Blackwell, 412 F.2d at 914; Waugaman v. United States, 331 F.2d 189, 191 (5th Cir. 1964).

The district court's dismissal of appellant's habeas corpus petition is affirmed.3 The relief appellant seeks, if available at all, must come from the sentencing court under § 2255.

AFFIRMED.