TORONTO, CANADA — Calumet native and former New Jersey Devils prospect Ben Johnson will serve out his sentence after his appeal application was dismissed in the Ontario Court of Appeal on Tuesday.

According to CTV News Windsor and the Keweenaw Report, he was found guilty in the sexual assault of a 16 year-old girl in the bathroom of an Ontario night club in March of 2013. He was sentenced to three years in prison in October of last year. He was also found not guilty of a similar assault charge that allegedly happened around the same time.

When the incident occurred, Johnson had been a member of the Windsor Spitfire hockey team. The Devils terminated Johnson’s contract after he was found guilty.