SNEED, Circuit Judge:
The Department of Agriculture's Food and Nutrition Service (FNS) disqualified appellee Hung Hy Nguyen from participation in the Food Stamp Program for one year. The district court, on remand from an earlier appeal, held the FNS decision to be invalid because the FNS had relied on an unpublished instruction in reaching it. The government appeals from the district court's grant of summary judgment for Nguyen, and we reverse.
I.
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