2011 US Code
Title 18 - Crimes and Criminal Procedure
Part II - CRIMINAL PROCEDURE (§§ 3001 - 3771)
Chapter 213 - LIMITATIONS (§§ 3281 - 3301)
Section 3296 - Counts dismissed pursuant to a plea agreement

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 5, Title 18 - CRIMES AND CRIMINAL PROCEDURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 213 - LIMITATIONS
Sec. 3296 - Counts dismissed pursuant to a plea agreement
Containssection 3296
Date2011
Laws in Effect as of DateJanuary 3, 2012
Positive LawYes
Dispositionstandard
Source CreditAdded Pub. L. 107-273, div. B, title III, §3003(a), Nov. 2, 2002, 116 Stat. 1805.
Statutes at Large Reference116 Stat. 1805
Public Law ReferencePublic Law 107-273

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18 USC § 3296 (2011)
§3296. Counts dismissed pursuant to a plea agreement

(a) In General.—Notwithstanding any other provision of this chapter, any counts of an indictment or information that are dismissed pursuant to a plea agreement shall be reinstated by the District Court if—

(1) the counts sought to be reinstated were originally filed within the applicable limitations period;

(2) the counts were dismissed pursuant to a plea agreement approved by the District Court under which the defendant pled guilty to other charges;

(3) the guilty plea was subsequently vacated on the motion of the defendant; and

(4) the United States moves to reinstate the dismissed counts within 60 days of the date on which the order vacating the plea becomes final.


(b) Defenses; Objections.—Nothing in this section shall preclude the District Court from considering any defense or objection, other than statute of limitations, to the prosecution of the counts reinstated under subsection (a).

(Added Pub. L. 107–273, div. B, title III, §3003(a), Nov. 2, 2002, 116 Stat. 1805.)

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