---
kind: "section"
citation: "18 U.S.C. § 3296"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "3296"
heading: "Counts dismissed pursuant to a plea agreement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/3296"
units:
  - "Part II — Criminal Procedure"
  - "Chapter 213 — Limitations"
---

# §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)](#a).

## Source credit

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