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Garza v. Department of Justice

Dismissal of Deputy U.S. Marshall pursuant to a positive random drug test affirmed because, given his level of training and experience in investigating drug-related offenses, the basis of his appeal -- that he was not told to maintain visual contact with his urine specimen and, thus, did not do so -- was unconvincing.

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Mr. Elias Garza, III petitions for review of the decision of the Merit Systems Protection Board, Docket No. DA0752980355-I-1, affirming his dismissal by the Department of Justice following a positive random drug test. We affirm the decision of the Board.

Background

Mr. Garza was employed as a Deputy United States Marshall in the Western District of Texas. On October 22, 1997 he underwent a random drug screening and tested positive for cocaine. After a second test of the urine sample and an interview by a physician to rule out other possible causes for the positive result, the agency removed Mr. Garza from his position. On appeal the Board found that the agency had proved that the sample was collected from Mr. Garza and that it had tested positive for cocaine, that there was a nexus between the charge and the efficiency of the service, and that the penalty of removal was reasonable under the circumstances. This petition followed.

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