NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2007-3298

MARCO A. PEREZ, Petitioner, v.

DEPARTMENT OF JUSTICE, Respondent.

Thomas G. Roth, of West Orange, New Jersey, argued for petitioner.

Hillary A. Stern, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General; Jeanne E. Davidson, Director; and Todd M. Hughes, Deputy Director.

Appealed from: Merit Systems Protection Board NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2007-3298 MARCO A. PEREZ, Petitioner, v. DEPARTMENT OF JUSTICE Respondent.

Judgment ON APPEAL from the Merit Systems Protection Board In CASE NO(S). NY1221070006-W-1.

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (RADER, LINN, and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED February 12, 2008______ /s/ Jan Horbaly________________________ Jan Horbaly, Clerk