       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                STANLEY J. MILLER,
                    Petitioner,

                           v.

   DEPARTMENT OF HOMELAND SECURITY,
               Respondent.
           ____________________

                      2010-3120
                ______________________

    Appeal from the Merit Systems Protection Board in
No. DC1221080274-B-1.
                ______________________

                     JUDGMENT
                ______________________

    R. SCOTT OSWALD, The Employment Law Group, P.C.,
of Washington, DC, argued for petitioner. With him on
the brief was NICHOLAS WOODFIELD.

    SCOTT D. AUSTIN, Senior Trial Counsel, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
respondent. With him on the brief were TONY WEST,
Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and REGINALD T. BLADES, JR., Assistant
Director.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

    PER CURIAM (RADER, Chief Judge, NEWMAN and DYK,
Circuit Judges).


           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT


February 10, 2010      /s/ Jan Horbaly
Date                      Jan Horbaly
                             Clerk
