2022 US Code
Title 18 - Crimes and Criminal Procedure
Part II - Criminal Procedure
Chapter 213 - Limitations
Sec. 3296 - Counts dismissed pursuant to a plea agreement

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Citation 18 U.S.C. § 3296 (2022)
Section Name §3296. Counts dismissed pursuant to a plea agreement
Section Text

(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).

Source Credit

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

Publication Title United States Code, 2018 Edition, Supplement 4, Title 18 - CRIMES AND CRIMINAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 213 - LIMITATIONS
Sec. 3296 - Counts dismissed pursuant to a plea agreement
Contains section 3296
Date 2022
Laws In Effect As Of Date January 5, 2023
Positive Law Yes
Disposition standard
Statutes at Large References 116 Stat. 1805
Public Law References Public Law 107-273
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