ASF3, INC. v. USA

Filing

OPINION filed : AFFIRMED, decision not for publication. Eugene E. Siler , Jr., Circuit Judge; Alice M. Batchelder, Circuit Judge and Julia Smith Gibbons, AUTHORING Circuit Judge.

Case: 15-2291

Document: 21-1

Filed: 08/12/2016

Page: 1

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 16a0468n.06
No. 15-2291

FILED
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
ASF3, INC., dba Easy Shop Party Store,
Plaintiff-Appellant,
v.
UNITED STATES OF AMERICA,
Defendant-Appellee.

BEFORE:

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Aug 12, 2016
DEBORAH S. HUNT, Clerk

ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF MICHIGAN

SILER, BATCHELDER, and GIBBONS, Circuit Judges.

JULIA SMITH GIBBONS, Circuit Judge. Plaintiff-appellant ASF3, Inc., d/b/a Easy
Shop Party Store (Easy Shop), appeals from the district court’s grant of summary judgment to
the government regarding the decision of the United States Department of Agriculture, Food and
Nutrition Service (FNS) to permanently disqualify Easy Shop from participation in the federal
food stamp program. The FNS determined that Abdullah Farah, the owner and sole shareholder
of Easy Shop, provided false information on his application for Easy Shop to participate in the
Supplemental Nutrition Assistance Program (SNAP). Specifically, the FNS found that Farah
failed to disclose, in response to specific questions on the SNAP application that sought such
information, that his mother, Nadira Kharoubeh, who had previously been permanently
disqualified from participation in the program for trafficking in food stamps, was financially
and/or operationally involved in Easy Shop.

Case: 15-2291

Document: 21-1

Filed: 08/12/2016

Page: 2

No. 15-2291, ASF3, Inc. v. United States
After carefully reviewing the record, the applicable law, and the parties’ briefs, we find
that the district court’s opinion correctly sets out the facts and the governing law. Because this
court’s issuance of a full opinion would serve no jurisprudential purpose and would be
duplicative, we affirm on the basis of the district court’s well-reasoned opinion of September 29,
2015.

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