  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
