U.S. CODE

U.S. Code

Title 1 General Provisions
Title 2 The Congress
Title 3 The President
Title 4 Flag and Seal, Seat Of Government,and the States
Title 5 Government Organization and Employees
Appendix to Title 5
Title 6 Domestic Security
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Title 8 Aliens and Nationality
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Appendix to Title 10 (Rules of Court of Appeals for the Armed Forces)
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Appendix to Title 11
Title 12 Banks and Banking
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Title 15 Commerce and Trade
Title 16 Conservation
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Title 18 Crimes and Criminal Procedure
Appendix to Title 18
Title 19 Customs Duties
Title 20 Education
Title 21 Food and Drugs
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Appendix to Title 26
Title 27 Intoxicating Liquors
Title 28 Judiciary and Judicial Procedure
Appendix to Title 28
Title 29 Labor
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Title 31 Money and Finance
Title 32 National Guard
Title 33 Navigation and Navigable Waters
Title 34 Navy (repealed)
Title 35 Patents
Title 36 Patriotic Societies and Observances
Title 37 Pay and Allowances Of the Uniformed Services
Title 38 Veterans' Benefits
Appendix to Title 38 (Rules of Court of Appeals for Veterans Claims()
Title 39 Postal Service
Title 40 Public Buildings, Property, and Works
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Title 42 The Public Health and Welfare
Title 43 Public Lands
Title 44 Public Printing and Documents
Title 45 Railroads
Title 46 Shipping
Appendix to Title 46
Title 47 Telegraphs, Telephones, and Radiotelegraphs
Title 48 Territories and Insular Possessions
Title 49 Transportation
Title 50 War and National Defense
Appendix to Title 50

§ 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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