Case: 16-16846 Date Filed: 05/02/2017 Page: 1 of 4
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 16-16846
Non-Argument Calendar
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D.C. Docket No. 5:14-cv-00171-LJA
CURTIS DAVIS,
WANDA DAVIS,
CHRISTIE YOUNG,
Plaintiffs - Appellants,
versus
UNITED STATES DEPARTMENT OF AGRICULTURE,
SECRETARY, UNITED STATES DEPARTMENT OF AGRICULTURE,
Defendants - Appellees.
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Appeal from the United States District Court
for the Middle District of Georgia
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(May 2, 2017)
Before WILSON, MARTIN, and ANDERSON, Circuit Judges.
PER CURIAM:
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Curtis Davis, Wanda Davis, and Christie Young each applied for farm
program payments from the United States Department of Agriculture (USDA).
The Farm Service Agency of the USDA found all three applicants eligible for the
payments, but it later determined that they each made misrepresentations in their
applications that disqualified them from receiving the payments. See 7 C.F.R.
§ 1400.5 (“All or any part of a [farm program] payment otherwise due a person . . .
on all farms in which the person . . . has an interest may be withheld or be required
to be refunded if the person . . . [c]onceal[s] information . . . [or] [s]ubmit[s] false
or erroneous information . . . .”). Mr. Davis, Ms. Davis, and Ms. Young appealed
to the USDA National Appeals Division. The Appeals Division did not disturb the
Farm Service Agency’s findings. Mr. Davis, Ms. Davis, and Ms. Young then
sought review in district court, which upheld the USDA’s final determinations.
They now ask our court to review the determinations. After careful consideration
of the record and the parties’ briefs, we affirm.
The Administrative Procedure Act governs our review of the USDA’s final
determinations. Under the Act, we can set aside an agency decision only if the
decision “is found to be arbitrary, capricious, an abuse of discretion,
unconstitutional, in excess of statutory authority, without observance of procedure
as required by law, or unsupported by substantial evidence.” See Mahon v. U.S.
Dep’t of Agric., 485 F.3d 1247, 1253 (11th Cir. 2007) (citing 5 U.S.C. § 706(2)).
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“[T]his standard is exceedingly deferential.” Fund for Animals, Inc. v. Rice,
85 F.3d 535, 541 (11th Cir. 1996). “[W]e cannot substitute our judgment for that
of the agency.” Mahon, 485 F.3d at 1253. If the “agency’s decision was based on
consideration of the relevant factors” and “there has been [no] clear error of
judgment,” we must defer to the decision. See id. (internal quotation marks
omitted).
Applying this deferential standard of review, we agree with the district
court that the USDA’s final determinations must be upheld. The USDA committed
no legal error and its factual findings are supported by substantial evidence. See
DeKalb Cty. v. U.S. Dep’t of Labor, 812 F.3d 1015, 1020 (11th Cir. 2016) (“[An
agency’s] factual findings are reversed only if unsupported by substantial evidence
on the record as a whole.” (internal quotation marks omitted)). The record, for
example, includes evidence that “a reasonable mind might accept as adequate to
support a conclusion” that Mr. Davis, Ms. Davis, and Ms. Young concealed
information or submitted false or erroneous information to the USDA about their
respective farming interests. See id. (internal quotation marks omitted); 7 C.F.R.
§ 1400.5. Specifically, bank documents and a USDA “Certification of Disaster
Losses” form filled out by Mr. Davis indicated that he shared with Ms. Davis an
interest in crops produced on certain farming tracts and shared an interest with Ms.
Young in crops produced on other tracts. Yet Mr. Davis did not disclose such
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shared interests in his farm-program application, and Ms. Davis and Ms. Young
each represented in their applications that they fully owned the crops associated
with the tracts relevant to them.
AFFIRMED.
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