Title 18Crimes and Criminal ProcedureRelease 119-73not60

§3296 Counts Dismissed Pursuant to a Plea Agreement

Title 18 › Part II— CRIMINAL PROCEDURE › Chapter 213— LIMITATIONS › § 3296

Last updated Apr 5, 2026|Official source

Summary

Even if other rules say otherwise, a judge must put back charges that were dropped under a court‑approved plea deal where the defendant pleaded guilty to other charges. This happens if the charges were filed within the allowed time, the defendant later withdrew that guilty plea, and the government asks to reinstate them within 60 days after the order undoing the plea is final. The court can still consider any defenses or objections to the put‑back charges, except it cannot block them because of the statute of limitations.

Full Legal Text

Title 18, §3296

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)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).

Reference

Citations & Metadata

Citation

18 U.S.C. § 3296

Title 18Crimes and Criminal Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60