(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).
Structure US Code
Title 18— CRIMES AND CRIMINAL PROCEDURE
§ 3283. Offenses against children
§ 3284. Concealment of bankrupt’s assets
§ 3286. Extension of statute of limitation for certain terrorism offenses
§ 3287. Wartime suspension of limitations
§ 3288. Indictments and information dismissed after period of limitations
§ 3289. Indictments and information dismissed before period of limitations
§ 3290. Fugitives from justice
§ 3291. Nationality, citizenship and passports
§ 3292. Suspension of limitations to permit United States to obtain foreign evidence
§ 3293. Financial institution offenses
§ 3294. Theft of major artwork
§ 3296. Counts dismissed pursuant to a plea agreement
§ 3297. Cases involving DNA evidence
§ 3298. Trafficking-related offenses
§ 3299. Child abduction and sex offenses