18-U.S.C.-3296
§3296 – Counts Dismissed Pursuant to A Plea Agreement
Pathway
Title 18 > Part II > Chapter 213 > Section 3296
Details
- Reference: Section 3296
- Legend: §3296 – Counts Dismissed Pursuant to A Plea Agreement
- USCode Year: 2013
Provision Content
(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).
(Added Pub. L. 107–273, div. B, title III, §3003(a), Nov. 2, 2002, 116 Stat. 1805.)
U.S. Encyclopedia of Law Coverage
18-U.S.C.-3292 in the Legal Encyclopedia: Criminal Procedure
In this entry about 18-U.S.C.-3292, find legal reference material, bibliographies and premiere content related to criminal procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal procedure-specific issues, written by authorities in the field.
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