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Current as of January 01, 2024 | Updated by Findlaw Staff
(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).
Cite this article: FindLaw.com - 18 U.S.C. § 3296 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 3296. Counts dismissed pursuant to a plea agreement - last updated January 01, 2024 | https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-3296/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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