United States Court of Appeals for the Federal Circuit ______________________ USVALDO TRUJILLO, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent. ______________________ 2012-3192 ______________________ Petition for review of the Merit Systems Protection Board in No. DA0752100436-I-2. ______________________ JUDGMENT ______________________ LISA A. FREIMAN FISHBERG, Schertler & Onorato, LLP, of Washington, DC, argued for petitioner.

JAMES R. SWEET, Trial Attorney, Commercial Litiga- tion Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were STUART F. DELERY, Principal Depu- ty Assistant Attorney General, JEANNE E. DAVIDSON, Director, and MARTIN F. HOCKEY, JR., Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (MOORE, CLEVENGER, and REYNA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

May 10, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk