NOTE: This disposition is nonprecedential.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