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18 U.S.C. § 3296 — Counts dismissed pursuant to a plea agreement

Verified against govinfo.gov as of June 20, 2026View official text on govinfo.gov ↗
  1. (a)In GeneralNotwithstanding 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. (1)the counts sought to be reinstated were originally filed within the applicable limitations period;
    2. (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. (3)the guilty plea was subsequently vacated on the motion of the defendant; and
    4. (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.
  2. (b)Defenses; ObjectionsNothing 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).