Mr. James Bowen, James and Peggy's Inc., D/B/A Bowen Open Air Market v. John R. Block, Secretary of Agriculture, United States of America

SPROUSE, Circuit Judge:

John R. Block, Secretary of Agriculture, appeals from the judgment rendered by a magistrate of the United States District Court for the Eastern District of North Carolina, 1 modifying the penalty imposed against James Bowen, the owner of a North Carolina retail food store, for violation of three Food Stamp Program regulations, 7 C.F.R. §§ 270.2(s), 272.2(b) and 272.2(e) (1978). The Secretary had disqualified Bowen’s store from participation in the food stamp program for a period of one year, but the magistrate, while concluding that the regulations had been violated,…