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WILEY v. DEPARTMENT OF JUSTICE

No. 02-3044.

328 F.3d 1346 (2003)

Derrick A. WILEY, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: May 12, 2003.

Attorney(s) appearing for the Case

Ari H. Mendelson, Law Office of Martin J. Rivas, P.A., of Coral Gables, Florida, argued for petitioner. On the brief was Martin J. Rivas.

Phyllis Jo Baunach, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were David M. Cohen, Director, and Deborah A. Bynum, Assistant Director. Of counsel on the brief was Neal J. Swartz, Assistant General Counsel, Federal Bureau of Prison, Department of Justice, of Washington, DC. Of counsel was Natalie R.W. Holick, Federal Bureau of Prisons.

Before CLEVENGER, GAJARSA, and PROST, Circuit Judges.

Opinion for the Court filed by Circuit Judge GAJARSA. Dissenting opinion filed by Circuit Judge PROST.

GAJARSA, Circuit Judge.

Derrick A. Wiley ("Wiley") petitions for review of the final decision of the Merit Systems Protection Board ("Board") concluding that the search of Wiley's car conducted by Wiley's employer, the Federal Bureau of Prisons in the Department of Justice ("agency"), did not violate the Fourth Amendment, thereby sustaining Wiley's removal...

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