Case: 22-1271 Document: 46 Page: 1 Filed: 07/12/2023

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ MARK BESANCENEY, Petitioner v. DEPARTMENT OF HOMELAND SECURITY, Respondent ______________________ 2022-1271 ______________________ Petition for review of the Merit Systems Protection Board in No. PH-1221-19-0255-M-1. ______________________ JUDGMENT ______________________ JOHN THOMAS HARRINGTON, The Employment Law Group, PC, Washington, DC, argued for petitioner. Also represented by ROBERT SCOTT OSWALD.

JANA MOSES, Commercial Litigation Branch, Civil Di- vision, United States Department of Justice, Washington, DC, argued for respondent. Also represented by REGINALD THOMAS BLADES, JR., BRIAN M. BOYNTON, PATRICIA M.

MCCARTHY.

EMILEE COLLIER, Investigation and Prosecution Case: 22-1271 Document: 46 Page: 2 Filed: 07/12/2023

Division, United States Office of Special Counsel, for ami- cus curiae Office of Special Counsel, Washington, DC. Also represented by LIZ BROWN, KAREN GORMAN, HENRY J.

KERNER. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (MOORE, Chief Judge, LOURIE and STOLL, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

July 12, 2023 /s/ Jarrett B. Perlow Date Jarrett B. Perlow Acting Clerk of Court