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Stephen C. Fells, Doing Business As Stephen Snack Foods Candy & Variety v. United States of America

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SUBMITTED OCTOBER 14, 2010

Before RIPPLE, MANION and SYKES, Circuit Judges.

Stephen Fells, owner and operator of a small convenience store in Milwaukee, Wisconsin, seeks review of a district court order upholding the final decision of the Food and Nutrition Service of the United States Department of Agriculture (“USDA”). The USDA decision permanently disqualified Mr. Fells’s store, Stephen Snack Foods Candy & Variety, from participating in the Food Stamp Program, now referred to as the Supplemental Nutrition Assistance Program (“SNAP” or “Program”), for engaging in the trafficking of food stamps. See 7 C.F.R. § 271.2. Finding that *fn1 Mr. Fells failed to satisfy his burden of proving by a preponderance of the evidence that the disqualification from SNAP was invalid, the district court upheld the agency’s final determination of disqualification. On appeal, Mr. Fells continues to deny that he engaged in the trafficking of food stamps. For the reasons set forth in this opinion, we affirm the judgment of the district court.

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