         NOTICE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                 ______________________

                 LESTER MCDANIEL,
                     Petitioner,

                             v.

     DEPARTMENT OF HOMELAND SECURITY,
                 Respondent.
            ______________________

                       2012-3049
                 ______________________

Petition for review of the Merit Systems Protection Board
in No. SF0752100681-I-1.
                  ______________________

                      JUDGMENT
                 ______________________

    JEFFREY H. JACOBSON, Jacobson Law Firm, of Tucson,
Arizona, argued for petitioner.

    JANE W. VANNEMAN, Senior Trial Counsel, Commer-
cial Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
respondent. With her on the brief were STUART F.
DELERY, Acting Assistant Attorney General, JEANNE E.
DAVISION, Director, and MARTIN F. HOCKEY, Assistant
Director.
                ______________________
THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS

ORDERED AND ADJUDGED:

    PER CURIAM (NEWMAN, BRYSON, and O’MALLEY,
Circuit Judges).


          AFFIRMED. See Fed. Cir. R. 36.


                     ENTERED BY ORDER OF THE COURT


January 28, 2013      /s/ Jan Horbaly
   Date                   Jan Horbaly
                             Clerk
