United States v. James Ralph Hoyland
Opinion
Opinion
Canby, J.
James Ralph Hoyland appeals the denial of the motion to vacate his sentence under 28 U.S.C. § 2255 . We affirm.
BACKGROUND
On October 14, 1986, Hoyland opened an account with the Bank of Newport in Newport Beach, California. Hoyland, a high school teacher, deposited $61,433 in this account over the next four months. He stipulated that each of his numerous transactions involved less than $10,000. Hoy-land further stipulated that he wanted to prevent the bank from filing the currency transaction reports required for all deposits exceeding $10,000. Throughout the transactions, Hoyland never received notice that his actions were illegal. The district court convicted Hoyland on six counts of structuring currency transactions with the intent to evade the reporting requirements in violation of 31 U.S.C. § 5324 (3). We affirmed this conviction in United States v. Hoyland, 914 F.2d 1125 (9th Cir.1990).
Hoyland then moved to vacate his sentence under 28 U.S.C. § 2255 , asserting that various government documents allegedly relevant to his conviction had not been promulgated in accordance with the Administrative Procedure Act, 5 U.S.C. § 553 . He also based his claim on the Internal…