NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ DAVID A. DICE, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent. ______________________ 2012-3139 ______________________ Petition for review of the Merit Systems Protection Board in No. DE4324110186-I-1. ______________________ JUDGMENT ______________________ CHARLES WILLIAMSON DAY JR., Gebhardt & Associ- ates, LLP, of Washington, DC, argued for petitioner.

ELIZABETH ANNE SPECK, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Depart- ment of Justice, of Washington, DC, argued for respond- ent. With her on the brief were STUART F. DELERY, Principal Deputy Assistant Attorney General, JEANNE E.

DAVIDSON, Director, and REGINALD T. BLADES, Jr., Assis- tant Director. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (NEWMAN, BRYSON, and DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

April 4, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk