       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                 ______________________

               STEPHEN W. GINGERY,
                    Petitioner,

                            v.

        DEPARTMENT OF THE TREASURY,
                  Respondent.
              ____________________

                       2010-3123
                 ______________________

    Appeal from the Merit Systems Protection Board in
No. CH3330080673-I-2.
                ______________________

                      JUDGMENT
                 ______________________

    RICHARD S.J. HUNG, Morrison & Foerster, LLP, of San
Francisco, California, argued for petitioner. On the brief
was HENRY C. SU, Howrey LLP, of East Palo Alto,
California. Of counsel was CHRISTOPHER F. JEU.

    DAWN E. GOODMAN, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
respondent. With her on the brief were TONY WEST,
Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and KIRK MANHARDT, Assistant Director.
                 ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (RADER,        Chief   Judge,   LINN   and
O’MALLEY, Circuit Judges).


           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT




April 12, 2011        /s/ Jan Horbaly
   Date                   Jan Horbaly
                              Clerk
