§ 3296. Counts dismissed pursuant to a plea agreement
Counts dismissed pursuant to a plea agreement
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—
the counts sought to be reinstated were originally filed within the applicable limitations period;
the counts were dismissed pursuant to a plea agreement approved by the District Court under which the defendant pled guilty to other charges;
the guilty plea was subsequently vacated on the motion of the defendant; and
the United States moves to reinstate the dismissed counts within 60 days of the date on which the order vacating the plea becomes final.
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).