Dismissal of Breach of Government Contract Action Reversed, and Criminal Matter

By FindLaw Staff on August 02, 2010 | Last updated on March 21, 2019

In US v. Baugham, No. 07-3145, the court of appeals affirmed defendant's sentence for various federal drug and conspiracy offenses, on the grounds that 1) defendant never asserted that a misstated name in the information caused him any hardship or confusion; 2) while the district court erred in neglecting the 18 U.S.C. section 851(b) colloquy, the error was harmless; and 3) the district court's reasoning did not exhibit vindictiveness.

Menominee Indian Tribe v. US, No. 09-5005, concerned a breach-of-contract action by a government contractor.  The court of appeals reversed the district court's dismissal of the action, on the grounds that 1) the limitations period in 41 U.S.C. section 605(a) was subject to equitable tolling in appropriate cases; and 2) the district court incorrectly calculated the length of the tribe's delay in filing suit.

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