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.
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