NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ STANLEY J. MILLER, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent. ____________________ 2010-3120 ______________________ Appeal from the Merit Systems Protection Board in No. DC1221080274-B-1. ______________________ JUDGMENT ______________________ R. SCOTT OSWALD, The Employment Law Group, P.C., of Washington, DC, argued for petitioner. With him on the brief was NICHOLAS WOODFIELD.

SCOTT D. AUSTIN, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and REGINALD T. BLADES, JR., Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (RADER, Chief Judge, NEWMAN and DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

February 10, 2010 /s/ Jan Horbaly Date Jan Horbaly Clerk