       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                DAVID P. GESSERT,
                    Petitioner,

                           v.

     MERIT SYSTEMS PROTECTION BOARD,
                  Respondent.
              ____________________

                      2010-3115
                ______________________

    Appeal from the Merit Systems Protection Board in
No. DC0752090149-I-2.
                ______________________

                     JUDGMENT
                ______________________

    MATTHEW C. MOUSLEY, Duane Morris, LLP, of
Philadelphia, Pennsylvania, argued for petitioner.

   CALVIN M. MORROW, Attorney, Office of the General
Counsel, Merit Systems Protection Board, of Washington,
DC, argued for respondent. With him on the brief were
JAMES M. EISENMANN, General Counsel, and KEISHA
DAWN BELL, Deputy General Counsel.
                ______________________
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, 2011       /s/ Jan Horbaly
Date                        Jan Horbaly
                               Clerk
