NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

LESTER SCHECHNER, Petitioner,

v.

DEPARTMENT OF HOMELAND SECURITY, Respondent. ____________________

2010-3122 ______________________

Petition for review of the Merit Systems Protection Board in No. DA0752090409-I-1. ______________________

JUDGMENT ______________________

DAVID C. HOLMES, Law Offices of David C. Holmes, of Houston, Texas, argued for petitioner.

CORINNE A. NIOSI, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, FRANKLIN E. WHITE, JR., Assistant Director. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (PROST, SCHALL and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

February 11, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk