Garner v. U.S. Department of Labor

POLITZ, Circuit Judge:

Robert T. Garner III appeals the dismissal of his mandamus petition for lack of subject-matter jurisdiction, contending that the district court erred in its holding that 5 U.S.C. § 8148(a) does not implicate the ex post facto clause nor violate the eighth amendment. For the reasons assigned, we affirm.

BACKGROUND

In 1989, following a job-related injury-while employed by the federal government, Garner began receiving monthly disability benefits under the Federal Employee Compensation Act. 1 On November 29, 1997, Garner pled guilty to one count of making false statements to…