Story highlights Polanski fled the United States in 1978 after having sex with a 13-year-old girl

An LA Superior Court judge has rejected a motion to resolve the case

Los Angeles (CNN) Filmmaker Roman Polanski has lost a motion seeking assurance he would not serve more jail time if he returned to the United States.

Polanski, now 83, fled the country ahead of sentencing in 1978 after admitting to having sex with a 13-year-old girl.

In a written statement filed Monday, Los Angeles Superior Court Judge Scott Gordon rejected a motion by Polanski's lawyers to resolve the 40-year-old statutory rape case, stating there was insufficient reason for reconsideration.

Harlan Braun, Polanski's lawyer, had asked the LA court to consider the 42 days Polanski spent in a California jail and about 300 days spent in custody while going through extradition proceedings in Switzerland as time already served, meaning he would not face any more jail time in the United States.

Braun argued Polanski would have faced a maximum of 12 months for his crime based on standards in 1970s, so his client already had served most of that time. He sought an indication about his client's potential sentencing from the court, in order for Polanski to return to the country.

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