BESANCENEY v. DHS , No. 22-1271 (Fed. Cir. 2023)

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Case: 22-1271 Document: 46 Page: 1 Filed: 07/12/2023 NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ MARK BESANCENEY, Petitioner v. DEPARTMENT OF HOMELAND SECURITY, Respondent ______________________ 2022-1271 ______________________ Petition for review of the Merit Systems Protection Board in No. PH-1221-19-0255-M-1. ______________________ JUDGMENT ______________________ JOHN THOMAS HARRINGTON, The Employment Law Group, PC, Washington, DC, argued for petitioner. Also represented by ROBERT SCOTT OSWALD. JANA MOSES, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by REGINALD THOMAS BLADES, JR., BRIAN M. BOYNTON, PATRICIA M. MCCARTHY. EMILEE COLLIER, Investigation and Prosecution Case: 22-1271 Document: 46 Page: 2 Filed: 07/12/2023 Division, United States Office of Special Counsel, for amicus curiae Office of Special Counsel, Washington, DC. Also represented by LIZ BROWN, KAREN GORMAN, HENRY J. KERNER. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (MOORE, Chief Judge, LOURIE and STOLL, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT July 12, 2023 Date /s/ Jarrett B. Perlow Jarrett B. Perlow Acting Clerk of Court

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