NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ CARLOS A. DIAZ-LABOY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. ____________________ 2012-5072 ______________________ Appeal from the United States Court of Federal Claims in case no. 10-CV-751, Judge Lawrence J. Block. ______________________ JUDGMENT ______________________ MICHAEL D.J. EISENBERG, Law Office of Michael D.J.

Eisenberg, of Washington, DC, argued for plaintiff- appellant.

KIMBERLY I. KENNEDY, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E.

DAVIDSON, Director, and KIRK T. MANHARDT, Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (MOORE, CLEVENGER, AND WALLACH, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

December 11, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk