Pub. L. 107-273, div. B, tit. III, sec. 3003
REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO APLEA AGREEMENT.
SEC. 3003. REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO APLEA AGREEMENT. (a) In General.—Chapter 213 of title 18, United States Code, is amended by adding at the end the following: “§ 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 dis-missed 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).”. (b) Technical and Conforming Amendment.—Chapter 213of title 18, United States Code, is amended in the table of sections by adding at the end the following new item: “3296. Counts dismissed pursuant to a plea agreement.”.