18 USC § 3296 - Counts dismissed pursuant to a plea agreement

---
identifier: "/us/usc/t18/s3296"
source: "usc"
legal_status: "official_legal_evidence"
title: "18 USC § 3296 - Counts dismissed pursuant to a plea agreement"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
section_number: "3296"
section_name: "Counts dismissed pursuant to a plea agreement"
chapter_number: 213
chapter_name: "LIMITATIONS"
part_number: "II"
part_name: "CRIMINAL PROCEDURE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 107–273, div. B, title III, § 3003(a), Nov. 2, 2002, 116 Stat. 1805.)"
---


# § 3296. Counts dismissed pursuant to a plea agreement

**(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).

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**Source Credit**: (Added Pub. L. 107–273, div. B, title III, § 3003(a), Nov. 2, 2002, 116 Stat. 1805.)