BROSS v. DEPARTMENT OF COMMERCE

No. 04-3026.

389 F.3d 1212 (2004)

Neal BROSS, Petitioner, v. DEPARTMENT OF COMMERCE, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: November 22, 2004.


Attorney(s) appearing for the Case

Peter B. Broida, of Arlington, Virginia, argued for petitioner.

Michael S. Dufault, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Deborah A. Bynum, Assistant Director.

Before NEWMAN, CLEVENGER, and DYK, Circuit Judges.


DYK, Circuit Judge.

Respondent Department of Commerce ("Commerce") removed petitioner Neal Bross ("Bross") from his position as a Computer Specialist for illegally downloading child pornography from the Internet to his government computer. Bross seeks review of the decision by the Merit Systems Protection Board ("Board") upholding his removal. Bross v. Dep't of Commerce, 94 M.S.P.R. 662 (2003) ("Final Order"). We affirm.

BACKGROUND

Bross was...

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