United States v. Bruce Emil Aitken

Bruce Emil Aitken appeals from the district court’s order detaining him pending trial. We heretofore entered an order affirming the district court’s denial of bail pending trial indicating an opinion would follow. This opinion expresses the reasons for our previous order. The central issue is whether the computation of the time permitted for continuances, without just cause, for a hearing on pretrial detention, permits the exclusion of weekend days as provided in Fed.R.Crim.P. 45(a).

Facts and Proceedings Below

Aitken has lived in Hong Kong for approximately 16 years. His home, family, and business are all in Hong Kong. Aitken travels throughout Asia and apparently has numerous contacts in Asia, including countries which do not extradite to the United States. Aitken also has access to extremely large sums of money.

On or about June 8, 1989, while traveling in Bangkok, Thailand, Thai authorities arrested appellant Aitken and deported him to the United States. Upon his arrival in San Francisco, California, on June 9, 1989, government agents arrested Aitken on a warrant issued pursuant to a superseding indictment that charged Aitken and seven others with conspiracy to aid and abet…