Though the Oregon Supreme Court overturned his death sentence in 2012, convicted killer Jesse Fanus has remained on death row.

The 34-year-old man who killed a former Marine Corps flying ace wants to be moved into the general population until his new sentencing hearing, and has sued to get his wish.

The Roseburg News-Review reports that an Oregon prison official responded to Fanus' lawsuit this week by saying life on death row is not a significant hardship relative to ordinary prison life.

Oregon State Penitentiary Superintendent Jeff Premo said inmates on death row eat the same food as other prisoners and are allowed to exercise regularly and watch TV. Cells on death row also have air conditioning, unlike cells for the general prison population.