United States Federal Circuit

A decision of the Merit Systems Protection Board affirming petitioner's dismissal from his position of United States Postal Service Customer Service Supervisor is affirmed where the penalty of removal was not unconscionably disproportionate to the sustainable charges -- specifically, misuse of funds and failing to timely pay his government-issued credit card.

Appellate Information

• Decided 10/20/2006
• Published 10/23/2006

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, DYK and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Donald G. Gilpin, Gilpin & Keefe, P.C., of Albuquerque, NM, argued for Petitioner.


• For Appellees:
  
• Stephen D. Lobaugh, Attorney, Appellate Division, United States Postal Service, of Washington, DC, argued for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Commercial Litigation, Civil Division, United States Department of Justice, of Washington, DC, and Lori J. Dym, Chief Counsel, Appellate Division, Law Department Civil Practice, United States Postal Service, of Washington, DC. Of counsel were David M. Cohen, Director, Brian M. Simkin, Assistant Director, and Tara K. Hogan, Trial Attorney, Commercial Litigation, Civil Division, of Washington, DC.