Page:United States Statutes at Large Volume 116 Part 3.djvu/213

 PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1805 SEC. 3002. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSI- TION OF BOTH A FINE AND IMPRISONMENT. (a) IN GENERAL.— Title 18 of the United States Code is amended— (1) in section 401, by inserting "or both," after "fine or imprisonment,"; (2) in section 1705, by inserting ", or both" after "years"; and (3) in sections 1916, 2234, and 2235, by inserting ", or both" after "year". (b) IMPOSITION BY MAGISTRATE.—Section 636 of title 28, United States Code, is amended— (1) in subsection (e)(2), by inserting ", or both," after "fine or imprisonment"; and (2) in subsection (e)(3), by inserting "or both," after "fine or imprisonment,". SEC. 3003. REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO A PLEA 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 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 Deadline, 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 213 of 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.". SEC. 3004. APPEALS FROM CERTAIN DISMISSALS. Section 3731 of title 18,\ United States Code, is amended by inserting ", or any part thereof after "as to any one or more counts". SEC. 3005. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN CONTROLLED SUBSTANCE CASES. (a) DRUG ABUSE PENALTIES. — Subparagraphs (A), (B), (C), and (D) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) are amended by striking "Any sentence" and inserting "Notwithstanding section 3583 of title 18, any sentence".

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