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D.E. v. DEPARTMENT OF THE NAVY, MSPB

No. 82-7332.

721 F.2d 1165 (1983)

D.E., Petitioner, v. DEPARTMENT OF THE NAVY, MSPB, Respondent.

United States Court of Appeals, Ninth Circuit.

As Amended on Grant of Rehearing December 15, 1983.

Attorney(s) appearing for the Case

Charles A. Hobbie, Staff Counsel, James R. Rosa, Gen. Counsel, Washington, D.C., for petitioner.

J. Paul McGrath, Alexander Younger, Asst. Director, Washington, D.C., for respondent.

Before WRIGHT, CANBY, and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

E. petitions for review of a final decision of the Merit Systems Protection Board to sustain his removal as a civilian employee of the Navy based on E.'s conviction of child molestation. This case presents a question of first impression for this court concerning the Board's presumption that off-duty misconduct is related to agency performance where the misconduct is egregious. We conclude that such a presumption is unwarranted and reverse...

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