NOTICE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

LESTER MCDANIEL, Petitioner,

v.

DEPARTMENT OF HOMELAND SECURITY, Respondent. ______________________

2012-3049 ______________________

Petition for review of the Merit Systems Protection Board in No. SF0752100681-I-1. ______________________

JUDGMENT ______________________

JEFFREY H. JACOBSON, Jacobson Law Firm, of Tucson, Arizona, argued for petitioner.

JANE W. VANNEMAN, Senior Trial Counsel, Commer- cial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVISION, Director, and MARTIN F. HOCKEY, Assistant Director. ______________________ THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS

ORDERED AND ADJUDGED:

PER CURIAM (NEWMAN, BRYSON, and O’MALLEY, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 28, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk