I'm devoid of sympathy for this TSO. That said, if he didn't really know what the pen was worth and thought it was just a pen on top of a filing cabinet, a felony conviction does seem a little steep. I personally think a misdemeanor conviction would strike the right balance. Had he actually taken the pen at the checkpoint knowing it belonged to a passenger, then a felony would seem like the way to go. Frankly, I'm okay as long as it results in some conviction and record.