Hy Chan Banh, Dba Hoa My Market v. United States

FERGUSON, Circuit Judge:

Defendant Food and Nutrition Service (“FNS”) appeals the district court’s order setting aside the FNS’s decision to impose a five-year fine on plaintiff Hy Chan Banh, owner of Hoa My Market, for violating the federal food stamp program. The district court limited FNS to imposing a one-year fine. We reverse.

I

Plaintiff/Appellee Hy Chan Banh operates a retail grocery store, Hoa My Market (“market”), in Long Beach, California. On March 25, 1982, Banh was authorized to accept food stamps at his market in accordance with the food stamp program which is operated by the…