{"identifier":"/us/usc/t18/s3296","title":18,"num":"\u00a7\u202f3296.","heading":"Counts dismissed pursuant to a plea agreement","text":"\u00a7\u202f3296.\nCounts dismissed pursuant to a plea agreement\n(a)\nIn General.\u2014\nNotwithstanding 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\u2014\n(1) the counts sought to be reinstated were originally filed within the applicable limitations period;\n(2) the counts were dismissed pursuant to a plea agreement approved by the District Court under which the defendant pled guilty to other charges;\n(3) the guilty plea was subsequently vacated on the motion of the defendant; and\n(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.\n(b)\nDefenses; Objections.\u2014\nNothing 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).","url":"https://projectusc.org/usc/t18/s3296.html","content":[{"t":"sec","id":"/us/usc/t18/s3296","children":[{"t":"num","text":"\u00a7\u202f3296."},{"t":"heading","text":"Counts dismissed pursuant to a plea agreement"},{"t":"subsec","id":"/us/usc/t18/s3296/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In General.\u2014"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t18/s3296/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the counts sought to be reinstated were originally filed within the applicable limitations period;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s3296/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the counts were dismissed pursuant to a plea agreement approved by the District Court under which the defendant pled guilty to other charges;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s3296/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" the guilty plea was subsequently vacated on the motion of the defendant; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s3296/a/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" the United States moves to reinstate the dismissed counts within 60 days of the date on which the order vacating the plea becomes final.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s3296/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Defenses; Objections.\u2014"},{"t":"content","text":"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).","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}