NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

SHERRYL D. WARREN, Petitioner,

v.

DEPARTMENT OF TRANSPORTATION, Respondent. ____________________

2011-3223 ______________________

Petition for review of the Merit Systems Protection Board in case no DE0839100139-I-1. ______________________

JUDGMENT ______________________

MARK S. BOVE, Mark S. Bove, PC, of Denver, Colorado, argued for petitioner.

NICHOLAS JABBOUR, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and DEBORAH A. BYNUM, Assistant Director. Of counsel on the brief was HUMBERTO RUIZ, Attorney-Advisor, Office of the Chief Counsel, Federal Aviation Administration, Washington, DC. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (DYK, PLAGER, REYNA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 3, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk