CHENEY v. DEPARTMENT OF JUSTICE

No. 06-3124.

479 F.3d 1343 (2007)

Reginald CHENEY, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

March 2, 2007.


Attorney(s) appearing for the Case

Arthur B. Spitzer, American Civil Liberties Union of the National Capitol Area, of Washington, DC, argued for petitioner.

Allison Kidd-Miller, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Donald E. Kinner, Assistant Director. Of counsel on the brief was Elizabeth C. Burke, Office of Chief Counsel, Drug Enforcement Administration, United States Department of Justice, of Washington, DC.

Before SCHALL and GAJARSA, Circuit Judges, and MCKINNEY, Chief Judge.


Opinion for the court filed by Circuit Judge SCHALL. Dissenting opinion filed by Chief Judge MCKINNEY.

SCHALL, Circuit Judge.

Reginald Cheney petitions for review of the final decision of the Merit Systems Protection Board ("Board") that sustained the action of the Drug Enforcement Administration ("DEA" or "agency") indefinitely suspending him from employment. Cheney v. Dep't of Justice, CH0752050326-I-1, 100 M.S.P.R. 384 (M.S.P.B. Nov. 7, 2005) ("...

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