This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
Prisoners' Rights
Writ of Habeas Corpus

Godwin Ajayi v. Douglas White, Warden

Published: Dec. 3, 2016 | Result Date: Oct. 21, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:16-cv-03463-DSF-PLA Bench Decision –  Petition Denied

Court

USDC Central


Attorneys

Petitioner

John Hanusz
(Hanusz Law PC)

Hilary L. Potashner
(Larson LLP)


Respondent

Peter P. Hardin
(Office of the U.S. Attorney)

Diana L. Pauli
(Office of the U.S. Attorney)


Facts

Petitioner, an American citizen, was convicted in Japan of importing into Japan a controlled substance. He was sentenced to seven years and six months imprisonment and ordered to pay a fine in the amount of $3.5 million yen. Because petitioner was unable to pay the fine, he was detained for 350 days in "workhouse." Pursuant to a treaty between the United States and Japan, he was transferred to the U.S. to serve out the rest of his sentence in federal prison. He filed a petition for writ of habeas corpus in federal court.

Contentions

PETITIONER'S CONTENTIONS:
Petitioner contended that he was entitled to immediate release because he overserved his sentence by almost two months due to respondent's refusal to credit him for the 350 days spent performing forced labor, in contravention of federal law and applicable regulations.

RESPONDENT'S CONTENTIONS:
Respondent contended that petitioner's transfer was conditioned on the promise by the American government that he would not receive credit for his workhouse hours. As such, petitioner could not now seek to undermine that assurance. Furthermore, his other contentions lacked merit.

Result

The court denied the petition and dismissed the action with prejudice.


#84913

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390