O'KEEFE v. U.S. POSTAL SERVICE

No. 01-3280.

318 F.3d 1310 (2002)

William A. O'KEEFE, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: November 6, 2002.


Attorney(s) appearing for the Case

Jose Luis Ongay, of Philadelphia, PA, argued for petitioner.

Stephen J. Boardman, Appellate Counsel, Civil Practice, United States Postal Service, of Washington, DC, argued for respondent. On the brief were Eric J. Scharf, Managing Counsel; and David G. Karro, Attorney, Appellate Division, Civil Practice. Of counsel was Brian M. Reimer, Attorney. Of counsel on the brief were Robert D. McCallum, Jr., Assistant Attorney General, Commercial Litigation Branch, Civil Division, Department of Justice of Washington, DC; and David M. Cohen, Director. Of counsel were Todd M. Hughes, Assistant Director; and Lauren S. Moore, Attorney.

Before CLEVENGER, BRYSON, and PROST, Circuit Judges.


PROST, Circuit Judge.

William A. O'Keefe ("O'Keefe") petitions for review of the decision of the Merit Systems Protection Board ("Board"), No. PH-0752-00-0022-I-1, affirming the decision by the administrative judge that O'Keefe engaged in improper conduct, but reversing the judge's mitigation of the agency's penalty from removal to a sixty-day suspension. We have jurisdiction under 5 U.S.C. § 7703(b)(1). We vacate the Board's decision and remand this case for...

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