Richard Hogan v. Ron Koenig, Chairman of Prison Terms

WIGGINS, Circuit Judge:

Ron Koenig, Chairman of the California Board of Prison Terms, appeals the district court’s grant of habeas corpus to Richard Hogan, a California state prisoner. We have jurisdiction under 28 U.S.C. § 1291. We reverse.

In 1981, a California superior court sentenced Hogan, a citizen of Canada, to twenty-six years to life imprisonment for first degree murder. Under the Treaty Between the United States and Canada on the Execution of Penal Sentences, July 19, 1978, 30 U.S.T. 6263-6272, T.I.A.S. No. 9552, Hogan claims entitlement to transfer to Canada to serve the remainder of…