U.S. Code » Title 18 » Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 213— LIMITATIONS

18 U.S.C. § 3296

Counts dismissed pursuant to a plea agreement

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar
(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).(Added Pub. L. 107–273, div. B, title III, § 3003(a), Nov. 2, 2002, 116 Stat. 1805.)
Notes of Decisions
Cited in 16 cases (9 in the last 5 years), 2007–2026 · leading case: United States v. James R. Gibson, 490 F.3d 604 (7th Cir. 2007).
Sort: Relevance Newest Treatment
United States v. James R. Gibson, 490 F.3d 604 (7th Cir. 2007). · cites it 6× “Over Gibson’s arguments, the district court determined that the statute of limitations had not run on any of the charges against him due to his flight from justice and the subsequent passage of 18 U.S.C. § 3296 allowing for the reinstatement of charges dismissed pursuant to a…”
United States v. Richard Adams, 814 F.3d 178 (4th Cir. 2016). “Finally, we are compelled to note our concern with the government’s suggestion at oral argument and again in briefing after argument, that, if we vacate Adams’s § 922(g) conviction because we conclude Adams is actually innocent of the crime of conviction, the government would…”
United States v. Smead, 68 M.J. 44 (C.A.A.F. 2009). · cites it 2× “18 U.S.C. § 3296 (2002) (current authority for reinstatement of charges).”
United States v. Donzell McKinney, 60 F.4th 188 (4th Cir. 2023). “” 18 U.S.C. § 3296 (a)(3). The case is then reset to square one and the virtue of finality is thereby undermined.”
Christopher Jones v. United States, 39 F.4th 523 (8th Cir. 2022). “The case is remanded with directions to vacate the conviction on Count Four and for further proceedings, including any appropriate motion under 18 U.S.C. § 3296 . ______________________________ -5-”
United States v. Gibson, James R. (7th Cir. 2007). · cites it 7× “Over Gibson’s arguments, the district court determined that the statute of limita- tions had not run on any of the charges against him due to his flight from justice and the subsequent passage of 18 U.S.C. § 3296 allowing for the reinstatement of charges dismissed pursuant to a…”
United States v. Moore (10th Cir. 2020). · cites it 4× “On remand, if the Government wishes to reinstate the § 844(i) arson charge under 18 U.S.C. § 3296 , it may ask the district court to do so.”
United States v. McCREARY-REDD, 628 F. Supp. 2d 764 (E.D. Tenn. 2007). · cites it 2× “Additionally, on September 25, 2007, the government filed a motion to reinstate count one of the original indictment in accordance with 18 U.S.C. § 3296 (4) 9 [see Doc. 95]. This motion by the government is the only other motion addressed by the R & R.”
United States v. Richa Narang (4th Cir. 2021). · cites it 3× “Third, 18 U.S.C. § 3296 permits district courts to revive previously dismissed indictments under specific conditions—namely, when (1) the original indictment counts were filed within the statute of limitations, (2) the indictment was dismissed pursuant to an agreement to plead…”
United States v. Shelby Petties, 42 F.4th 388 (4th Cir. 2022). · cites it 3× “In the alternative, the government filed a conditional motion to reinstate Count One in accordance with 18 U.S.C. § 3296 , which permits reinstatement of counts dismissed pursuant to a plea agreement where “the guilty plea was subsequently vacated on the motion of the defendant.”
Gonzalez-Cirino v. United States (D.P.R. 2025). · cites it 2× “5-6); or (2) the government can reinstate the dismissed charges pursuant to 18 U.S.C. § 3296 . (Docket No. 45.) It argues that if the Court vacates Count Five, it can reinstate the charges that were dismissed pursuant to the plea agreement.”
United States v. Cordarrell Johnson, 13 F.4th 348 (4th Cir. 2021). “See 18 U.S.C. § 3296 (a) (outlining circumstances in which court must reinstate charges dismissed pursuant to plea agreement upon vacatur of guilty plea).”
Show all 16 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.