Jonna

MEMORANDUM ***

Michael S. Jonna and his wife Bushra Pairos Jonna (collectively “Jonna”) appeal the district court’s grant of summary judgment. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here. We review the district court’s grant of summary judgment to the government de novo, but, like the district court, review the agency’s penalty determination (since the underlying violations are undisputed) under the arbitrary and capricious standard. Wong v. United States, 859 F.2d 129, 131-32 (9th Cir.1988). We affirm.

Jonna challenges the United States Department of Agriculture Food and Nutrition Service’s (“FNS”) permanent disqualification of Jonna’s grocery store, Jaycee’s Market, from participation in the agency’s food stamp program. Jonna admits that food stamp trafficking violations occurred at the store, but claims that the agency improperly refused to allow Jonna to pay a civil money penalty, instead of being permanently disqualified from the program.

The ordinary penalty for food stamp trafficking violations, even on a first offense, is the offending store’s permanent disqualification from the food stamp program. 7…