United States Court of Appeals for the Federal Circuit ______________________

KATHERINE ARCHULETA, Director, Office of Personnel Management, Petitioner

v.

TONY D. HOPPER, Respondent

MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________

2013-3177 ______________________

Petition for review of the Merit Systems Protection Board in No. CH0731090798-I-3. ______________________

ON PETITION FOR REHEARING EN BANC ______________________

Before LOURIE, O’MALLEY, and REYNA, Circuit Judges. PER CURIAM. ORDER Katherine Archuleta, Director of the Office of Person- nel Management (“OPM”), filed a petition for rehearing en banc. A response to the petition was invited by the court 2 ARCHULETA v. HOPPER

and filed by Respondent Merit Systems Protection Board and Respondent Tony D. Hopper. After careful considera- tion, the panel grants OPM’s petition for the limited purpose of clarifying this court’s opinion. IT IS ORDERED THAT: (1) OPM’s petition for rehearing is granted for the limited purpose of clarifying that the Merit Sys- tems Protection Board had jurisdiction to review Respondent Tony D. Hopper’s debarment and can- cellation of eligibilities as part of a unified penalty arising from the same set of circumstances as his removal. In all other respects, the petition is de- nied. (2) The prior opinion in this appeal, which issued on December 8, 2014, and was reported at Ar- chuleta v. Hopper, 773 F.3d 1289 (Fed. Cir. 2014), is withdrawn and replaced with the revised opin- ion accompanying this order.

FOR THE COURT

May 13, 2015 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court