KATHERINE ARCHULETA, Director, Office of Personnel Management v. Tony D. Hopper

United States Court of Appeals
for the Federal Circuit
______________________
KATHERINE ARCHULETA,
Director, Office of Personnel Management,
Petitioner
v.
TONY D. HOPPER,
Respondent
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2013-3177
______________________
Petition for review of the Merit Systems Protection
Board in No. CH0731090798-I-3.
______________________
ON PETITION FOR REHEARING EN BANC
______________________
Before LOURIE, O’MALLEY, and REYNA, Circuit Judges.
PER CURIAM.
O R D E R
Katherine Archuleta, Director of the Office of Person-
nel Management (“OPM”), filed a petition for rehearing en
banc. A response to the petition was invited by the court

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ARCHULETA v. HOPPER 2
and filed by Respondent Merit Systems Protection Board
and Respondent Tony D. Hopper. After careful considera-
tion, the panel grants OPM’s petition for the limited
purpose of clarifying this court’s opinion.
IT IS ORDERED THAT:
(1) OPM’s petition for rehearing is granted for the
limited purpose of clarifying that the Merit Sys-
tems Protection Board had jurisdiction to review
Respondent Tony D. Hopper’s debarment and can-
cellation of eligibilities as part of a unified penalty
arising from the same set of circumstances as his
removal. In all other respects, the petition is de-
nied.
(2) The prior opinion in this appeal, which issued
on December 8, 2014, and was reported at Ar-
chuleta v. Hopper, 773 F.3d 1289 (Fed. Cir. 2014),
is withdrawn and replaced with the revised opin-
ion accompanying this order.
FOR THE COURT
May 13, 2015 /s/ Daniel E. O’Toole
Date Daniel E. O’Toole
Clerk of Court

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